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Hearing video

ZBA Hearing - February 28, 2024

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

here these hash lines that's the addition a roof deck and roof deck access structure is included

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and so you see that pilot house we have a very large rear rear yard with lots of open space as

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well as the adequate front setback that is of course existing there currently here's the floor

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plans, just two units. The first floor has access to the rear yard. The second floor does not. We've

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included a ventilated trash closet. That's a larger bi-level unit with three beds and three

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baths and access to a roof deck. Because unit one does have access to that very large rear yard,

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we wanted to make sure that there was outdoor space provided to the unit two occupants by way

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that roof deck here's the rco meeting notice again we met on the 20th it was emailed that

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notification was emailed out to the coordinating rco and the other rcos involved 133 properties in

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total here's the list of those addresses those bulk mailing certificates our application for appeal

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here's the deed to the property showing that slc real estate llc is the owner of the property and

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has been since may of 2023 and our tax clearance showing that the only taxes that remain are those

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that are not yet due with that i would like to call my client stacy and or shati cooks to adopt

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my testimony can we allow pull them from the virtual uh audience please

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stacy cooks has been unmuted and allowed to speak vice chair

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miss cook can you please state your name and spell it for the record

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yes stacy cooks slc real estate s-t-a-c-e-y c-o-o-k-s do you swear to tell the truth the

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whole truth and nothing but the truth i do see counsel hi miss cooks did you hear my testimony

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today i did and was it true and correct yes it was and you're adopted as your own i do thank you

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is someone else caller that's good counsel that's okay with me all right uh thank you

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Any questions from the board?

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No, vice president, vice.

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No, vice chair.

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Vice chair, I'm sorry.

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Any questions from our attorney, Hillary Emerson?

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No questions, just wanted to note of the proviso

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that Mr. Goldberg mentioned from the RCO

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that commercial trash pickup is enforceable.

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The board decides to grant and wishes to add that proviso.

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Thank you.

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Thank you.

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uh questions from the virtual audience i share we have a caller with a folder ending at 3552

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they have been abuted and allowed to speak good afternoon

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good afternoon please state your name and spell it for the record

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follow up the phone number ending at 3552 please unmute yourself

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i believe it's miss fernandez um yes i want to know if i can go last if there's other callers

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i have a technical issue go last on on this particular case on this address yes

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Do we have any more cases?

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Do we have anybody else in the virtual audience?

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We have two more hands, Chair.

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We have a Harold Hawkins.

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Thank you for allowing them to speak, please.

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They have been abuted and allowed to speak.

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

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Hello?

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Yes, can you please state your name and spell it for the court reporter?

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Victor Floyd.

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B-I-C-T-A

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F-L-O-Y-D

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

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Yes, I do. Please proceed with your comments.

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Yes, I do.

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Please proceed with your comments.

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Yes. On 923, Council Office District 8 hand delivered flyers to all the neighbors in the 3000 and 3100 block of North 16th Street opposing any new conversions on on properties from single family to multifamily.

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Yes, on night.

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The reasons why basic is because of trash, parking, public utilities and congestion on the block, lighting.

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So I definitely oppose this conversion and this development.

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And just for the record, you're speaking on behalf of council or as a neighbor?

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Neighbor.

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Okay.

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All right.

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Thank you so much.

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Anybody else in the virtual audience?

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Nobody.

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Oh, someone else just raised their hand.

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We have a Donald Stevenson from Tioga United.

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They have been unmuted and allowed to speak.

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Good evening.

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Can you please state your name and spell it for the record?

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Hello.

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Can you hear me, Vice Chair?

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Yes, I can.

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All right.

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Donald Stevenson, D-O-N-A-L-D-S-T-E-V-E-N-S-O-N

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from Tioga United Incorporated and affected RCO.

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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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Are you in favor of the project?

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No, Tioga United is in opposition.

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We side with the nearby neighbors to oppose this from turning to a multifamily unit

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Unit dwelling due to the substantial amount or number of apartment buildings, not, you know, regular dwellings turned into apartments, but there are outrageous number of buildings that are due to be built and that already exist.

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And it's suffocating the neighbors nearby to have single homes, dealing with the quality of life, if it affects it in a negative way, also trash and rodents.

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so we oppose that

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and side with the neighbors

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understood

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anyone else and thank you for your comment

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anyone else in the virtual audience

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we have Miss Fernandez

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left to speak that's it chair

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Miss Fernandez are you ready

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and prepared now

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yes can you hear me now

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we can

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please

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yes my name is adrian fernandez my last name is spelled f-e-r-n-a-n-d-e-z

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swamp little neighborhood positive association rco

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and we are one of the affected rcos for this address and you swear to tell the truth the whole

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truth and nothing but the truth and yes i was already sworn in all right uh so are you for

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the project? Opposed to the project. We just sent a letter today. We are opposed to the project.

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Also, there were problems with the voting is falsified on a meeting summary form that was

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submitted by the RCO coordinator. The RCO coordinator gave their affected RCO five votes

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for the meeting where every affected RCO or unaffected RCO only gets one vote at any meeting.

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So at the meeting were three affected RCOs. The RCO, the cervical coordinator, which is Allegheny

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West Foundation, and they said they voted in support. So that's one support vote by an affected

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RCO. There was also UNNA RCO, an affected RCO. Carmela voted with one vote for that affected

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RCO. She voted one vote in support and Swampwood voted one vote in opposition. All of us were at

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the meeting. There was only one affected neighbor at that meeting from the address 319 North 16th

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Street. That affected neighbor's vote was not even counted. If you look on the

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summary form, there is no vote of opposition from any affected neighbors. So there were only four

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votes. Only the affected parties voted, even though Allegheny West Foundation did not consult

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with any of the, well, all of the affected RCOs before the meeting to discuss the agenda

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and method of voting and also the schedule. So the schedule, the agenda, and also the voting

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was done without our consent. So at the meeting, they said that only affected votes would be

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would be counted. There were only four effective votes, two in opposition, two in support.

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counted there were only four effective votes um two opposition

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All right. Thank you.

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Also, we also, in our letter, we're opposed to this project because of overuse of the variants.

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Also, that in the area, there's been correction of many of these type of properties to single-family homes

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because the neighbors prefer to preserve the single-family homes.

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um also the multi-family um addresses all over north philadelphia we have an excessive problem

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with trash littering pet waste because we cannot get these multi-family addresses in many cases to

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just um do what we do and put the trash out properly and to stop littering and pet wasting

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the neighborhood it's becoming um a huge problem and you know the property managers are not doing

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anything to solve it. Also, the utility infrastructure

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will be burdened, and we understand there are private sewers behind

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3105, and the house is on that side of the street, and some of them

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have already incurred excessive costs to repair

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sewer damages where work is being done to foundations and structures.

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If the VBA

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decides to grant the variance, although we are opposed to it,

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We're asking that four provisos be placed on the property, and I just want to put those on the record.

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One would be, excuse me, I just have to read them.

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One would be no basement living, no rooftop decks or structures, a limit of two units, and also trash and recycling stored indoors, and no commercial trash collection.

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This is an area that blocks where there are single-family homes, and commercial trash collection comes as early as 4 o'clock in the morning, and it's extremely disturbing to people who have to work or people who are just sleeping.

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You never know what the schedule is, and just randomly at 4 a.m. you'll hear something like a bomb drop on the ground, and it's the dumpster being placed back at the property.

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Also, there's a lot of liquid garbage waste, odors, and just, you know, vectors, and a lot of problems with commercial trash pickup.

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And I don't see what that's necessary if they're only proposing three units, but we're saying that's too many.

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We are with the neighbors.

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We want to see this property stay as a single-family zone residence.

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Thank you very much.

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Thank you very much.

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Mr. Vice Chairman, may I respond briefly?

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So a couple, you know, just a couple notes. So I think there were concerns about lighting and security and things like that. You know, we, Mr. and Mrs. Cooks, they hardwire their properties for security cameras. There will be exterior lighting at the front and the rear.

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regarding the trash we understand that with any multifamily development there's a you know there's

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a understandable concern which is why we have the trash closet in the upper level unit we're going

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to have trash storage in the rear for the first floor unit inside of an enclosure at the rear to

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keep out pests and vermin we feel it's appropriate to agree to commercial trash pickup that was

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requested of us by the coordinating RCO I think we can work out in our contract with the commercial

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trash pickup company a pickup time that is the least disturbing possible to the nearby neighbors

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and the property will be professionally managed so we don't want to be a bad neighbor

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we are going to thoroughly vet the tenants there will be fines included for

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you know trash related issues caused to the neighborhood and and you know the the cooks

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They own and manage several properties in the city.

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So they have a lot of experience.

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He's from the area.

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He's invested in restoring this property.

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It's a rather large property on almost an 18,000 square foot lot.

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These are not small apartments by any stretch.

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They're both over 1,300 square feet.

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So I don't feel like we're squeezing them in.

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It's a diversity of housing option that's different than a single family home for a

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couple or a small family that don't have the means or the desire to take care of a

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standalone single family home would think this provides a nice option and it's not out of

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character so with that i'd ask the board to grant the variance um question uh planning commission

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thank you vice chair and good evening david vecto with the city planning commission

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chair and board members the comprehensive plan recommends no change to the residential single

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family zoning at this location the appellant seeks two dwelling units and permission to not

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include required parking, including accessory off-street parking, would not be feasible on

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this lot and would be out of character with the other homes on the block face. This property has

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a documented history as one dwelling unit dating to the 1950s. There is no unique physical condition

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there is no unique physical condition or circumstance of this property that would

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or circumstance of this property that would prevent it from being used in conformance.

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prevent it from being used in conformance with the zoning code the city planning commission

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recommends the board deny the proposed use variance for two dwelling units all right and

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did we get it did we get any um letters from the council district office i did not receive one all

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right? Yes, not to my knowledge.

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Thank you. MI-2023-006-943-3105 North 16th Street. 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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Is there anyone else out there for the 2 o'clock cases

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cases have not

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been heard.

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I see no hands at this time, Vice

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Sheriff. All right. I apologize

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everyone, but we're going to take a five-minute

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break and jump right into the

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330. Try to slide

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through it as quick as possible.

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All right.

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Please start the recording.

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Good afternoon.

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My name is Ishmael Shaheed, and I'll be

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chairing the 330 board

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ZBA meeting.

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With me is our board member, Thomas Holliman.

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Present,

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Mr. Vice Chairman.

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Also, our board member, Jim

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President, Vice Chair.

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Also present with us is

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