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Hearing video

ZBA Hearing - February 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 28, 20247h 19m

the surrounding neighborhood, who did express specific concern over parking. Because the design

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itself is necessitated both by the lot and the specific funding requirements, including a

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commercial space would not satisfy the intent of the code in this location. The applicant

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submits the requested variances are the least minimum to provide relief. Not only are the

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proposed use in buildings by right, but the proposal is significantly underbuilt by about

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half. Eliminating the required ground floor non-residential space is the only basis for

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is the only basis for seeking relief, and as the Board has heard today, is directly necessitated by the lot, neighborhood characteristics, and most importantly, particulars of the affordable financing.

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seeking relief. And as the board has heard today,

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The applicant submits the proposal will not increase congestion, endanger the public, or impair light and air.

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Quite to the contrary, this proposal provides a significant public benefit and includes parking for nearly half of the residential units, even though CMX 2 would not require any parking for any multifamily use of this lot.

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Many of the surrounding residential structures have rear access parking, so including parking

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with this proposal will further serve to limit congestion, and the board may be able to see

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that condition in some of these aerials where there is rear parking from some of the other

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residences. The parking for this proposal can be accessed efficiently from a 24-foot curb cut

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that is the least minimum required distance from the Media Street intersection.

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Regarding light and air, the buildings are only three stories and less than the code maximum of 38 feet.

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Additionally, many of the surrounding homes are elevated,

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so the new buildings will be substantially in character with the residential structures in this neighborhood.

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The two-building design was driven specifically by the goal to limit the overall mass.

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Now, regarding the community, although the community did express some concerns, those concerns were largely not focused on the requested relief before the board today, and were in fact concerns that would exist based on any development allowed by right for the multifamily zoning allowed on this lot.

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But ultimately, as the board saw, the RCO did send a letter of support recognizing that this proposal is significantly less dense with much less risk of impact than the buy right density and structural allowances for this property under the code.

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This lower density design is only possible with the affordable financing that allow financing allowances and will come with recordable restrictions against this property.

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Certainly, the developer is sensitive to the community's concerns for safety and construction impact.

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As a builder and manager of other affordable housing developments, this developer is uniquely experienced to ensure that these concerns are adequately addressed both during construction and long-term.

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Finally, the community did express some concerns surrounding parking.

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However, as the board saw, parking is not only not required for any multifamily use of the lot,

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but the previously approved and by right 42 units would not come with any parking requirement.

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Finally, the proposal will not burden area infrastructure or facilities, nor will it create environmental damage or other impact.

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As noted early in the presentation, this particular developer is focused on enhancing quality of life

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through environmental stewardship in its construction.

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As always, a full analysis of this proposal's complete compliance

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with Section 14.303.80 of the Code

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is provided in the memo of law submitted to the Board at Exhibit 12.

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I'd be happy to touch on any particular point in additional detail.

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And at this time, I would ask the administrator

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to look for Robert Sherman and unmute him.

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Robert Sherman has been unmuted and allowed to speak, Vice Chair.

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Good afternoon, Mr. Sherman. Please state your name and spell it for the court reporter.

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Good afternoon. Robert Sherman, R-O-B-E-R-T-S-H-E-R-M-A-N.

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

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I do.

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Please proceed, counsel.

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Thank you. Robert, you are an authorized member of Media Flats LLC, correct?

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Yes.

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And have you heard all of the testimony and evidence that was offered in front of the board today?

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Yes, I have.

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Would you agree that testimony was true and accurate, and would you adopt it as if it were your own?

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It is, and I will.

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Thank you. Happy to answer any questions.

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Questions from the board?

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no mr vice chairman no vice chair any questions from our attorney hillary emerson

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not at this time mr vice chair do we have any questions from the virtual audience

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vice chair we have esther bayes they have been abuted and allowed to speak

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good afternoon please state your name and spell it for the court reporter

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Good afternoon. Esther, E-S-T-H-E-R, last name Manns, M-A-N-N-S.

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Good afternoon, Esther, E-S-T-H-E-R.

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This way to tell the truth and nothing but the truth.

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Yes.

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Please proceed.

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I am representing the residence of the 700 block of North 65th Street, which the proposed property will be built on our block one side.

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And we are already in, it's already scarce, and having parking put into the proposed property, half of our block will be taken up with the property.

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So half of our parking will be taken away.

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Our other concern is that the homeowners on this block are female, middle-aged, senior women.

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Most of us have been living on this block for 20-plus years, and we're concerned about the proposed construction due to safety and security,

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the integrity

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quality of life

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in our neighborhood

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yeah we do have

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parking as far as in the

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driveways but a lot

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of the residents on this block

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have two car

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families so that

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parking in the back driveways

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will not help us

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and

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I'm sorry

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We are concerned about the noise, a decrease in our property values, noise, traffic, the overall character of the neighborhood, and which we do think will be affected by any new building.

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Our corridor is Haverford Avenue, basically, and Lansdowne Avenue.

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We no longer have a pharmacy in this area. We no longer have a supermarket in this area. And so we would be amenable to some type of commercial business if the property was to go forth, if the proposal was to go forth. But we are in need of something that would benefit the neighborhood.

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Thank you so much.

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Thank you for my time. Thank you for your time.

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Thank you for your comment. Anyone else in the virtual audience?

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Vice Chair, we have Harolyn Holton. They have been

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unmuted and allowed to speak.

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Hello, please state your name and spell it for the court reporter, please.

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Yes, good afternoon. Harolyn

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H-A-R-O-L-Y-N Holton

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H-O-L-T-O-N

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You swear to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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please proceed i am on the corner property northwest directly across the street

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what i'm concerned about and as we have met and spoken to each other is that that wall the

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mason tree wall is that going to continue to be part of the new development plan should it move

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forward no no that that wall would be removed okay so part of my concern with that is that

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wall is straight erect it's not decaying except for some matron tree work that could be done in

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between there so it's not falling the impact the environmental impact of bulldozers the the

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vibrations that will affect whatever has been habitating uh raccoons rats uh all types of

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things that's been under there in the summer we have to have bats and four by fours to chase them

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away when they come out like everything else does when it gets hot and so the homes it's about maybe

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seven homes directly attached to the front part of uh 65th street kids and neighbors when they play

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out there we have to be out there literally defending is have been any kind of engineering

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or architectural any kind of geological studies of what is going to unearth once you break ground

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to deal with that and the vibrations of tearing down that masonry wall which would also change

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the facade where three-fourths of our community homes have that cobblestone walling or they have

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brown brick has any studies been done how are we going to protect ourselves from those rodents

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which will seek you know they're going to seek to survive so they will move in directions such as

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when the met was uh um started after that was a property a corner property that was decades empty

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After that was a property, a corner property that was decades empty, those rodents filtered out into the community, restaurants, businesses.

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those rodents

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There is a pizzeria on the corner at 65th and Lansdowne.

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There's a mom and pop store at that corner on the opposite end of 65th and Haverford.

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There's a beauty salon. There's another restaurant. There's a B&B.

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There are businesses in the area.

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so we need to know what is going to be done to protect us when ground is broken some kind of

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deep have to go down to set a foundation for erected two builders what's going to happen there

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and also we're concerned about the quality we need stakeholders in there one of the reasons why

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this thing we're opposing it is because if you build a property with the 40 or 42 or however

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many you end up doing, if they're zoned as condos or something where people are buying and

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mortgaging their stakeholders, that will bring stakeholders to the community to uplift our

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community. We know, and I've been a resident of Philadelphia all my life, born in Philadelphia

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in general. I've lived in North Philly, Mount Airy, Neistown, all those areas. We know what

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the impact of affordable housing does. They're not stakeholders. They're not. While it's new,

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it'll be fine after three or four years nothing happened also i don't hold a whole lot of

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confidence with the property owners now friday march 1st will be one year since they purchased

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the property not one time has anybody come out to deal with the debris the trash that's left behind

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it's still out there since our meeting of january 16th when we met to talk about it the gentleman

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we spoke to of uh uh what is it flex llc indicated that media flex llc indicated that he was sent to

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went out directly to deal with the ice and snow that was out there. We've had three snow events

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and not one time has anybody come out to do that. The children wait there for the school bus.

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If we don't do it ourselves, as Ms. Mann mentioned, we're seniors. So we get our nephews and

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grandsons and ourselves get out there and clean up that debris. So for a whole year, I don't have

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a lot of confidence that after he builds this or the company builds these two 24 units that we can

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trust that this two times a week uh with no management on site with no security on site

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to monitor these homes and these things these apartments i have no faith in that because they

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haven't done anything not once we either do it or we got help one time from clip not for the project

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ma'am i understand what i'm saying is he owned the property now and if they're not maintenance

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and he indicated that he would send someone out and that hasn't happened so i'm not taking this

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Mr. Chairman, not to minimize her concerns, but these are not concerns that are directly related to the request before the board today. And as the board knows, the developer will have to comply with the City of Philadelphia building codes.

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And one of the newer requirements that the board may or may not be aware of directly addresses the concern relative to rodents and vermin and things of that nature. So that is something that is very specifically required during the construction process and, again, would be something that would be a concern relative to the buy-write proposal that could exist on this particular property.

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So, again, this is not to minimize these concerns in any way, shape, or form, but, you know, we would encourage the board to, again, focus on the request that's before the board and keep in mind that the by-right density of this proposal would certainly accentuate every one of these particular concerns, particularly the concern relative to parking.

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So, Ms. Halton, we thank you for your comments and stooly noted. Is there anyone else out there in the virtual audience?

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Vice Chair, we have Nadia Grace. They have been unmuted and allowed to speak.

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Hi, how are you? I'm a resident of West Philly.

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What's your name for the court reporter, please?

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Yes, N-Y-D-E-A-G-R-A-V-E-S.

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do you swear to tell the truth the whole truth and nothing but the truth yes so help me god

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so are you in favor of the project or not in favor of the project ma'am i am not in favor of the

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project okay go ahead my concern is about um not having any commercial um use in the area

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because there's going to be so many extra residents coming with the development

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I'm concerned that the local businesses are going to start to be overwhelmed

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possibly out of stock or unable to keep up with the extra

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or unable to keep up with the extra demand that is put on the supply that already exists in the business corridor.

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I think having your commercial property may relieve some of the pressure on the businesses that already exist to accommodate for the additional residences that are coming in to the area.

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So that was my concern.

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Thank you so much for your comments.

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Is anyone else out in the virtual audience?

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I see you go out the hands of this town, Vice Chair.

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Planning Commission.

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Thank you, Vice Chair, and good afternoon.

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David Vecto with the City Planning Commission.

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Vice Chairman and Board members, the comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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This neighborhood carries its original 1933 zoning.

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This property appears to have been built as an auto service garage.

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The zoning recommendation for CMX2 was intended to preserve the ability of a business to continue operating there.

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However, it is not located on a commercial corridor or in a commercial cluster with a comprehensive plan contemplates preserving.

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The City Planning Commission recommends the board grant the proposed use variants from the ground floor commercial requirement in the zoning code.

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Thank you. Hillary, do we get anything from the council district?

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I do not believe so for this case, no.

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Okay.

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All right.

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So we're going to hold this right here, counsel, and we'll try to vote on this next week at

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two o'clock as well.

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Thank you very much.

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All right.

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And if possible, if you can get some kind of letter or something in from the councilman's

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office.

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Yeah, we'll do our best.

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We touched base this morning, but his chief of staff was out of the office.

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All right.

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No problem.

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And, Mr. Weiser, I'll just note then that the record is closed except for any input from the council office.

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Yes, thanks.

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All right. Moving on. Number five, MI 2020-2023-006-949-933 Lindley Avenue, Vernon Anastasia.

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Vice-Chair, Mr. Anastasia is coming back in as a panelist now.

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Thank you very much.

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Council?

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Hello again, Mr. Chair.

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Hello again.

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Can you state your name for the record?

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Yes, sir. Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Mr. Olsik, the owner of the property.

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You swear to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Our board member, Mr. Holliman, has a few questions for you.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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I do.

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Did you email all exhibits and documents as required five days in advance of this hearing?

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I have.

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Thank you. Please proceed.

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Thank you.

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