civus
Hearing video

ZBA Hearing - March 31, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Mar 31, 20215h 23m

to propose a child care center, which is expressly prohibited in I-2 as it's an industrial zoning

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district um i'm just gonna go down here's the leo here's the application here's the tax compliance

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um here's the deed for the property

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so as the board can see this is located on drummond road it's an industrial corridor

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the company is called spins and they actually own the neighboring properties as well

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and as you can see here, this is all of their buildings and they actually are just expanding

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one of their daycares to be able to facilitate additional children. This is their business that

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they run and they have a very good reputation in the community as you can see. Here's their

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signage just so that you can see ownership of the building. There's also where our zoning poster is.

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Again, I-2 doesn't allow for child care centers, so that's what we're here obtaining a variance

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for.

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We met with the Walton Park Civic Association on Monday, March 8th, and received a letter

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of support from the council office, and here is the meeting materials evidencing support

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from the RCO, which was contained in the packet in addition to Councilman O'Neill's letter

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as well. So again, this is just a large industrial space. We're just looking to utilize it as

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a child care center and we have support from the community. And also we own the neighboring

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building. So it shouldn't be any interference with the neighborhood in any way as they're

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used to this use and the only thing prohibiting us is just the industrial classification of the

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area. So that's the skinny of it and I would be happy to take any questions. I also have

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my client Richard Greenberg on as well who I'd like to corroborate my testimony or adopt it as

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his own and I'm happy to show plans if the board's interested but this is mostly just internal and

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and then a small playground equipment on the property as well.

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Now let's get your client on, please.

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Okay.

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Do you see a Richard Greenberg?

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Sorry, Greenfield.

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My apologies.

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Greenfield.

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Yes.

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Hello, I'm here.

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Hi, sir.

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Good afternoon.

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Please identify yourself with the records by your last name.

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My name is Richard Greenfield, G-R-E-E-N-F-I-E-L-D, and I am the Chief Operating Officer here at Spin Incorporated.

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

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Yes, I do.

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Richard, have you heard my testimony today in front of the board, and do you adopt it as your own?

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Yes, Rachel, I have heard your testimony, and I do adopt it as my own.

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Thanks.

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I'm happy to take any questions that the board may have, and Richard's here as well.

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if there's any questions regarding this company.

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Thank you.

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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 would like to testify in this case?

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If so, please raise your hand.

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No hands at this time, Mr. Chair.

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Thank you.

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Planning Commission?

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This is Ron Bednar, City Planning.

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That's B-E-D-N-A-R.

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Thank you.

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You swear to 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, Ron.

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Please proceed.

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Property is indicated for medium industrial use on the city plan.

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We recommend that the use variants be granted.

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We recommend that the use variance be granted.

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Thank you.

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Thank you.

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MI 2021-0.

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Sorry for that.

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Please forgive the interruption.

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No problem.

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Ms. Agnes Elliott Santiago has her hand raised.

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Should I allow her to speak?

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Please.

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Ms. Elliott?

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I'm just curious to know,

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is this the property on Reese and Glenwood?

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33 38 about the right meeting no yeah that case has been dismissed okay let me make sure hold on

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i'm sorry continue that case is continued 33 38 north east street is continued what do you mean

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continued but i have another hearing date they're not hearing the case today so they changed they

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didn't tell us nothing well i'm sorry excuse me uh the attorney representing the client

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uh called up uh called in a few minutes ago and requested a continuance you'll be notified of a

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new date you can continue chair thank you um where were we we were any other this is about

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the dorm road anyone else would like to i think i already asked that we got planning commission

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So MI 2021-00014310541, Durham Road.

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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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Thank you.

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You're welcome.

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Bye, Leo.

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Calendar number 0446-1632-40, South 2nd Street.

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The attorney is Zenzhen.

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So long the oath from this morning.

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Yes.

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Yes, Mr. Chair.

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Okay, Madam Vice-Chair.

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Mr. Jennings,

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Thank you.

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Hi, Mr. Jin.

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Can you put your name and address on the record?

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Please, and spell your last name.

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Yes.

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Good afternoon.

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Xin Jin, Z-H-E-N-J-I-N, 1617 John F. Kennedy Boulevard, Suite 1838, Philadelphia PA, 19103, here on behalf of the applicant.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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And have you emailed the exhibit packet with proof of ownership, tax compliance, refusal or referral, photos and or plans, five days in advance of this hearing?

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

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Yes to all.

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Thank you. You may proceed.

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Thank you. I'm going to share with the board the information regarding this case that we previously submitted to the board,

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which included the refusal RCO letter from Pennsport Civic, photos, plans, related documentation, proving ownership, and tax compliance.

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This is an application to subdivide what was a commercial-type building to build four new residential single-family properties with rear-access parking.

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the refusals essentially uh two of the sets of refusals for open area and minimum rear yard

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depth is partially triggered by the desire to put in the parking from the rear i will show the board

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that via the plants that are attached but i just want to give the board a better idea of the

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building we're talking about that is being replaced with the single family houses so this is a

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commercial building that is going to be demolished and the lot itself is one large lot that will be

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subdivided and put into four single family residential properties. As you can see nearby

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most of the properties are in fact residential even though this particular building has been

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in the neighborhood for quite some time. The proposal is to essentially take this lot which

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is not completely rectangular in shape, but to put four single family houses with rear access

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parking. In order to do this, the idea is to have the parking come through one end, one street,

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and exit from the other. Mountain Street being the entry side and Morris Street being the exiting

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side. This allows the minimum amount of intrusion into each of the street as these properties will

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be at the end of the street near 2nd street and by putting the entrance here cars don't have to drive

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street near 2nd street and by putting the entrance here cars don't have to drive all the way down

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mountain street to get access in fact as soon as they pull into the street they will pull into

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their parking and the same would apply on the exit side as a way to compensate for the lost

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space due to parking it is proposed to have the upper floors pushed out a little further

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this way allowing for nicer interior space for the living room which are essentially on the

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second floor and then bedrooms and finally the roof itself. So the first floor will be the parking

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for the cars with a small storage area and stair access in the front and then everything else will

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be above for the single-family house use. When we met with Pennsport Civic, the Civic itself

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generally was favorable of this design, and they prefer having these off-street parking.

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Some neighbors had some objections, especially based on the access on the Mountain Street side.

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However, in general, we had most of the neighbors were, in fact, not in objection, in any form of

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objection to the proposal, including the neighbor immediately behind the property. Their main

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concern with construction and my client offered her contact information and will work with

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them directly during construction. As a result, we have a letter of non-opposition from Pennsport

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and we would ask that the board rule favorably in this request for the variances. Again,

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the variances itself, the lot sizes are actually very much consistent with lot sizes in the

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area with the zero percent open space and rear yard is mostly because it's taken up uh firstly

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by the driveway for the parking and secondly by us trying to make some more livable space on the

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upper floors i'll be happy to answer any questions or present any other portions of plans that the

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board would like to see more closely. Any questions from the board? No. No. No. Jim, before we

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proceed, you want to have your client available? Yes, Ms. Peggy Peihong Tang should be available

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with us. Peggy, if you could raise your hand so you can be identified by the administrator,

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please. I have a TLC with their hand raised. I believe Planning Commission would like to speak

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as well. I'm going to get, yeah, well, we're not there yet. Okay. I have a TLC with their hand

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raised. I have allowed them to speak. Thank you. Good afternoon, ma'am. Please identify yourself

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of the record spell your full name? My name is Pei-Hong Teng. Spells P-E-I-H-O-N-G. Last name T-A-N-G.

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

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I do. Thank you. Mr. Jin. Thank you. Peggy, you heard my testimony before the board and

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saw the presentation. Can you verify that the information I presented to the board is true

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correct and adopt my testimony as your own? I do. Thank you. Thank you. Does anyone else

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like to testify in this case? If so, please raise your hand.

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Ms. Madeline Shacumba has her hand raised. I will allow her to speak now, sir.

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Good afternoon, ma'am. Please identify yourself with the record,

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spell your first and last name, and provide us with your address.

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Hello.

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Hi.

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Oh, I'm trying to speak on this case.

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I've been trying to get through, and I didn't know I had gotten through already.

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So I have another case I wish to speak on.

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Chacomba, this is about 1632 South 2nd Street.

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No, no, I don't want to speak on that case.

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I don't think you did.

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I'm having trouble with my computer.

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All right, just hang in there.

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Anyone else like to testify in this case?

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If so, please raise your hand.

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There are no further hints at this time, Mr. Chair.

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Thank you.

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Planning Commission?

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Ron Bednar, City Planning.

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Property is currently indicated for mixed use on the city plan.

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We recommend that the requested variance be granted.

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Thank you.

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MI 2021-000446-1632-40 South 2nd Street.

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My vote is yes.

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My vote is yes.

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my vote is yes my vote is yes my vote is yes thank you calendar number

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My vote is yes.

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My vote is yes.

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zero four four eight 1929 cater street the attorney is matt monroe

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good afternoon uh good afternoon name and address on the record please matt and spell your last

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name sure uh maddie monroe m-o-n-r-o-e 2030 pemberton street 19146 do you swear or firm

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to tell the whole truth and nothing but the truth i do do you also agree to waive the reading of

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Refusal and stipulate to its accuracy.

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Agree to waive the reading, but the refusal is inaccurate.

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It states that there is a five-foot setback at the front,

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and the plans state that there is a zero-foot setback at the front,

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and that's why we're here.

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Okay.

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Have you emailed an exhibit packet with the required documents

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consisting of proof of ownership tax compliance,

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refusal, referral, photos and or plans of the property

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five days in advance of this hearing,

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

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Yes.

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To all of them.

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