civus
Hearing video

ZBA Hearing - February 23, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Feb 23, 20224h 10m

commission recommends the board grant the proposed use variance we're going to take this

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under consideration in executive session next week and we will vote in public next week next

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Wednesday yep thank you very much okay let's uh Tanya let's take a five minute break and uh

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then we'll come back we have one case left the two o'clock group and then I think we

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get through the 3 30 pretty quickly okay that's great thank you chair sure

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Thank you.

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You

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Thank you.

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Hi, Chair.

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This is Tanya.

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We're looking good. May I do just a quick check with our court reporter, Mr. Kelly? Are you here?

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How are we looking?

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We're looking good.

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May I do just a quick check with our...

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I am. Thank you.

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Thank you, Mr. Kelly.

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Okay, so we're going to do the last case that I have at this point.

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13 MI 2021-004-754-884 North Orkney Street.

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Dusty O'Neill is the attorney, RCA Northern Liberties Neighbors Association, letter of support.

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Chair, Ms. O'Neill is coming back in as a panelist now.

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Okay.

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Good afternoon again.

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hi miss o'neill just you've been sworn to state your name please sure augusta o'neill and our

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vice chair has a few questions carol you're on mute unmute carol

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hi miss in hill do you agree to wave the reading of refusal and stipulate to its accuracy

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i do it appears that you've submitted all the necessary documents is that correct

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that's correct you may proceed thank you so much i'm gonna share my screen

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Yes, you know that you guys are running a little behind so I'll try and keep my comments as brief as possible.

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Good afternoon, members of the board. I'm here this afternoon representing the owners of 884 North Orkney Street.

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This property is zoned RSA 5. We are proposing to construct a single family home at this location with two interior off street parking spaces.

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A copy of my refusal has been included in my exhibit package.

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As you can see, we received a refusal for the accessory two-car parking spaces

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and for the height of the building.

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You can see this property is located in a largely residential area.

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I would submit to the board that the provision of the parking spaces in this very densely populated neighborhood

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is going to be a bonus to any of the neighbors who live near this property. We are going to be

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taking what is currently an unkempt vacant lot and improving it with a single-family home,

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which you can see a rendering provided at page 34 of your exhibit package. So this is what the

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home is going to look like once it is fully constructed. The final plans that I've included

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on page 37 of your exhibit package are what my clients have agreed to construct after several

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meetings with the RCO for this property, which was the Northern Liberties Neighbors Association.

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We made several changes to the plans as a result of those communications with the RCO. Some of those

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changes that were made were to reduce the height of the building from 42 feet down to 41 feet.

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We've increased the roof setback from five feet to seven and a half feet.

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We're going to be providing some more porous materials on the parapet, on the facade of the structure.

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And we've also agreed to lower the front and side parapet walls, even though that wasn't necessarily what the refusal was issued for.

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But as a result of these changes, and because they think that this is a project that would obviously benefit their neighborhood,

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since we're improving this vacant piece of land with a nice single-family home.

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We do have the full support of the RCO for this project, which you can see

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from page three of the exhibit package I provided. With me this afternoon is our project architect

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Anna Green, who's available to answer any questions that the board might have about the

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project, and Matt Handel, who is the owner of the property. So Matt, if you could just

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raise your hand to um identify yourself with the board

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or lindsay

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miss o'neill who's the person that you're looking for it's going to be either matt handle which is

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spelled h-a-n-d-e-l or lindsay diaguardi

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all right bye mr handle is coming back in as a panelist now thank you so much

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mr handle state your name and spell it for the court reporter

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hello can you all hear me yeah i can state your name and spell for the court reporter please

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great matt handle m-a-t-t-h-a-n-d-e-l right do you swear a firm to tell the truth the whole truth

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nothing but the truth i do proceed mr handle did you have a chance to hear my testimony this

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afternoon i did and was everything that i represented to the board true and accurate

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it was thank you very much um members of the board as i said uh our project architect is on

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it was thank you very much um members of the board as i said uh are

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and available to answer any questions i'm also available happy to answer any questions that the

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board might have questions from the board no mr chairman no mr chairman mr jim questions from

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the virtual audience i see no heads at this time any commission

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

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

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P-E-T-E-R. E as in boy, A as in apple, R as in Roger, N as in Nancy, A as in apple, R as in

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Roger, D as in dog. Do you swear or affirm to tell the truth, the whole truth, and nothing but the

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truth? I do, Chair. Proceed. The comprehensive plan recommends no change to the single-family

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residential zoning at this location the proposal for front parking and a non-compliant size parking

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space are in keeping with the character of the block however there is no unique physical condition

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of the lot that would require a fourth story to be built the city planning commission recommends

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that the board grant the variances related to parking but deny the variance for additional height

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MI-2021-004-754-884-North Orkney Street. I vote yes.

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Carlton Mary, my vote is yes.

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Thomas Holloman, my vote is no.

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James Snell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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I'm sorry.

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Thank you.

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Tanya. Oh, I'm sorry. I'm sorry. I'm sorry. I got, I got you, Tanya.

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With revised plans of one page. Thank you, chair. Thank you.

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Thank you so much. Members of the board. All right.

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First question is,

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is there anyone still in the audience whose case has not been heard from the

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two o'clock listing?

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Chair, we have someone with their hand up by the name of Gabriel Falco.

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okay mr falco you can unmute yourself and wait for the chair

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oh thank you guys so much i yeah it seems to be some mr falco do me a favor state your name

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it's spelled for the court reporter yes sir um good afternoon everyone gabriel falco g-a-b-r-i-e

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l g-a-b-r-i-e-l last name's falco f-a-l-c-o i'm sorry and what in what case are you you

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talking about yes so i'm actually texting uh so it's mi-2021-003831 it regards to uh 1708 north

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bodine street and it was scheduled for uh 330 today my apologies for that i understand you

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guys were ready to go and not know about it so whatever the court recommends i'm here for but

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so sir sir yes sir yes ma'am we're still doing two o'clock we haven't finished two o'clock

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okay so i should just wait in the background

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um that's what i'm asking for that i just said anybody in the audience was his case in the two

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o'clock listing 3 30 3 o'clock at 3 30 oh 3 30 yeah so we're finishing up two o'clock we'll get

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for that, sir. My apologies, everyone. Okay. All right. Thank you. Thank you, Tony.

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Okay. No, nobody else in the audience. All right. We'll start 3.30. My name is Bill Bergman. I will

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be chairing this meeting for the Zoning Board of Adjustment. With me is Carol Tenere, our Vice

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Chair. Present. Israel Shahid, our Board Secretary. Here, Mr. Chairman. Thomas Holliman, our Board

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member. Present, Mr. Chairman. And James Snell, our board member. Present, Mr. Chairman. Executive

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Director, Tanya Sunkit, is you, and our attorney, Sherman Toplin. Good afternoon, Mr. Chair.

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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. A video will be available by

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contacting the board, the executive director of the board, I should say, Tanya Sunkett,

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tanyasunkettatphil.gov. For the benefit of our court sonographer, we ask attorneys and witnesses

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to identify themselves before testifying. If you are participating in my phone, if you wish to

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testify, press star nine to raise your hand and star six to unmute. To enter an appearance statement,

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call 267-270-5548. Leave your email and the address of the property in question.

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5 5 4 8 leave your email and the address of the property in question and lastly please note the

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question answer box on the screen is not for testimony or comments any comments should be

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referred to our executive director tanya sunken so let's start right now to figure out what

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continuities we have for this 330 group. I have number two MI 2021 001479 1433 West Fisher Avenue

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and I have number four MI 2021 002010 2528 Lloyd Street. Is there anyone in the audience

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that has any comments relative to those two cases?

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Chair, we have Ms. Darlene Threat with her hand up.

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Ms. Threat, you can unmute yourself or wait for the chair.

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Good afternoon, Commissioner.

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Hi, how are you?

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

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Darlene Threat, D-A-R-L-E-N-E, Threat, T as in Thomas, H-R-E-A-T-T,

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darling three associates 45 east city avenue balakin with pa 19004 thank you do you swear

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affirm to tell the truth the whole truth is nothing but the truth yes i do commissioner

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are you requesting a continuance for that case yes i am commissioner and no one objects and we

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have our second meeting on march 14th 2022 with the civic association they asked us to provide

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quite a few new items we've provided them and we're ready to meet again so maybe we can get

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a more favorable letter. Thank you very much. So case two and case four are continuing. Case seven

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MI 2021-002-016-4271 North Odean Street. Attorney Joseph Aqueira.

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Chair, I see someone with the phone number ending in 0887 with their hand up.

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Okay.

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Let's see what it looks like.

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Okay.

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That phone number ending with 0887.

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Could you please unmute yourself and wait for the chair?

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could you could you state yes can you state your name and spell for the court reporter

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yes good afternoon my name is attorney joseph vaccaro v-a-c-c-a-r-o attorney id 83366 attorney

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for the applicants united homes do you swear for him to tell the truth the whole truth is nothing

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but the truth. Yes, I do. Mr. Vaccaro, we're continuing that case. We did not have, we did

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not have the paperwork and time to process it. Understood. Understood. Do we have a new date

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and time? You'll have, our, our executive director will look for it and she'll be in touch.

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Sometimes. Thank you very much.

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thank you okay case number one is a withdrawal mi 2021

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401 414 1222 east columbia that case is withdrawn

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anyone have any comments about that

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There are no heads at this time, Chair.

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All right, we're going.

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We have two add-on cases that will need votes.

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MI 2021-003-906-1008 Addison Street.

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Before we vote, we need the Planning Commission's comments relative to the case.

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This is Ron Bednar, City Planning.

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First name Ron, R-O-N, last name Bednar, B-E-D-N-A-R.

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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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I do.

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Proceed.

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The property is...

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This property is indicated for residential use on the city plan.

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The applicant hardship is not supported with evidence of unique physical circumstances

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or conditions of the site.

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Therefore, we recommend that requested variance

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not be granted.

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Case number MI 2021-00.

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Case number MI-2021-003906, I vote no.

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Harold Tannery, my vote is no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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Ishmael Shaheed, my vote is no.

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MI-2021-003385-4321, Tyson.

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The Planning Commission has already taken a position on this.

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They're opposed.

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We're waiting for a letter from the RCO.

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The Taconi RCO has opposition against it.

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Here's the important comments.

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Our decision is supported by the neighbors who are most affected by this variance.

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is to vote in opposition in the granting of this variance.

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The use is inconsistent and puts unneeded stress

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on the individuals and the surrounding properties.

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I vote no.

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Carol Tenere, my vote is no.

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Thomas Holloman, my vote is no.

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Ishmael Shaheed, my vote is no.

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Okay. We also have two reconsiderations. MI 2021-002-100-2431 North 29th Street. I vote no for reconsideration.

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Carol Tenere, my vote is no for reconsideration.

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