civus
Hearing video

ZBA Hearing - September 17, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 17, 20256h 43m

about this this board approved it last time and due to a miscommunication prior counsel

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So it's already been established, that use.

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So the hardship is the fact that to have to recreate it back to two units would be a hardship

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to my client.

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And here's the paperwork showing the zoning permits, the previous notice of refusal, the

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notice of decision, again, just showing the licensing for this property.

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and again you know this is an rm1 property it's a corner property

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This is an RM1 property. It's a corner property. Photographs of the property from 13th Street

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from Carpenter. Zoning hearing notice postings. 13th Street to right, to left. Carpenter to right,

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to left. Interior photos. He's purposefully kept one of the units empty because we're allowed to

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two units as a right so he didn't want to have an illegal use he he honestly did not realize

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what happened here and he was shocked so just a couple things there's no uh living

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there's no living in the basement it's open you just basically go through the front door

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you go down steps there's some washer and dryers but there's no living down there and and go oh

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sorry garbage is stored in the rear back here so everyone has access to it but you know there's a

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unit on the first floor and that's a two bedroom one bath two bedrooms uh and the baths here and

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then you have the living room here and then you have two other units partly one and they're by

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levels um so uh you see here it's a it's a living room in the kitchen and you go up to

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the third floor is two bedrooms. Here, this one. On the second floor, you have a living room and a kitchen, and then you have one bedroom.

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Then we met with the community. It was a very well-attended meeting on August 18th.

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Proof of mailing, our application for appeal, along with the notice of refusal in the project information form.

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Here's the deed showing that my client owns the property.

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And our certificate of tax clearance.

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I would ask that David be sworn in.

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Sir, could you please state your name and spell for the stenographer?

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David Krupnick, K-R-U-P-N-I-C-K.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Please proceed, counsel.

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David, you heard everything I had to state today about your zoning matter.

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Yes.

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Is it true and correct?

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Yes.

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and do you adopt this your own testimony yes specifically oh all right

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uh yes yes yes all right thank you questions from the board

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questions or comments from our attorney hillary emerson not at this time mr chair

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questions or comments from the virtual audience

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i see no hands share planning commission amy boyd with the planning commission the comprehensive

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the plan recommends no change in zoning from the current RM1 residential multifamily zoning.

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The property was granted a variance for three units in 2018, and the three-family configuration

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is existing. The Planning Commission recommends that the board grant their requested variance

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for three dwelling units. MI 2025-002-576-933 South 13th Street, I vote yes.

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John's, my vote is yes. Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Iowa, my vote is yes.

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Thank you, sir.

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All right, so we're going to first hear a...

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Mr. Nockman has a complaint against Del and I.

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Leonard?

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Leonard, we waited for you.

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He wanted to start without you.

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I said, I'm not starting without you.

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Exactly.

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I could.

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Mr. Knockerson, just state your name for that.

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Alan Knockerson.

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Right.

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And, Leonard, could you please state your name and spell for the stenographer?

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Of course.

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Leonard R. Reuter, R-E-U-T-E-R, Senior Attorney, City of Philadelphia.

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

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I do.

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I understand, Alan, you also have a variance case relative.

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Yeah.

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Do you want to handle this first?

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Yeah, I believe this is appropriate, Mr. Chair.

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Why don't you go?

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Yeah, the board does not grant the L&I appeal.

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Then we'll go to the variance appeal.

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So Mr. Reuter told me this is actually a case of first impression in front of the zoning board, where 1835 Diamond Street is a historic property.

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It's in a historic district, corner 19th and Diamond Street.

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And because it falls within the confines of the historic designation incentives in the Philadelphia Zoning Code, where if you have a property that's historic that has a prior use that's non-residential of at least 2,500 square feet, basically by rehabilitating it, reviving it, having some residential use, you will convert the zoning here, which is RM1, to CMX3.

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where it's based on far this property is the lot size is 2500 square feet if

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this property is the lot size is 2500 square feet if we're under base zoning for this property we

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would have five units as of right no parking the issue is that we're in the north central

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philadelphia overlay district where there's two requirements of us in generally in this

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overlay district where if it's an rm1 property the unit count is based instead of the first

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1440 square feet you get 361 unit per 360 square feet and then 480 thereafter it requires 425

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square feet per unit so we would be allowed i guess we would be allowed four where if under

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the base overlay under the base zoning we'd be allowed five we're seeking six but we're trying

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avail ourselves of this historic designation incentive program within the Philadelphia

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zoning code. The second portion of the overlay is when you have more than three units, then

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going forward you would have a parking requirement such that we now have two parking spots required

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of us. There is a conflict in the Philadelphia zoning code where I think that the historic

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designation incentives should apply over the overlay um again i gave a very detailed brief

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here and and you know you if you read it you would see that like it the the code these code

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provisions for the historic designation incentives were designed to give uh value to people who want

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to like revive these historic properties such as this and it's this property is not just a historic

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property on its own and i think it's been historic since 1986 it's also in the the diamond street

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historic district which you know you'll hear time and time again we we've presented matters before

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them where they're they're very proud of that district and um to encourage this type of double

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element we've we thought we were shocked that we were actually not going to get it i actually

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thought that this these provisions in the code which basically converts an rm1 property to cmx3

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zoning where we would allow six units and because we're not expanding the actually building envelope

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we wouldn't fall within the cmx3 requirements of parking of usually three to ten there is no

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parking requirement and if you look at the pictures that on you can go on google street view

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you know on the 19th street side there's this beautiful like stone stone like fence so the

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again for the variance point of view the only way we can get that parking back there is to destroy

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that stone fence which the historic commission would never let us do anyway so that's our

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hardship there um so we think that if you read the code this is essentially an overlay and this

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overlay the historic incentive designation overlay should override this overlay given

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the intent of the legislation thank you letter so uh this is kind of a a little again it is a case

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of first impression in the sense that um you have heard actually not that long ago the uh

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the house that was owned by the hara krishnas where this provision came into into play yeah

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um but this is the first time where this uh you know alleged conflict between uh the section so

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it's the exemptions from the use tables uh which is just for the record i'm not going to bother

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sharing my screen i think i can just cite the provisions this is um 14602 sub

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seven so it's used tables sub seven and it's the exemptions exception to use tables for certain

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historic structures so um everything mr occamson said for the most part is is correct the property

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is historic it is uh contributing to the diamond street historic district since 1986 it's actually

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the first historic district um in the city first historic district that was created in the city

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because we weren't able to designate districts until the mid-80s when we put it into the code.

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The property definitely qualifies.

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I believe they actually even, and they went to the Historical Commission.

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Dr. Farnham, the Executive Director of the Historical Commission,

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confirmed that the property was historic and that it had the certified prior use

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that would qualify it for the exemption.

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All that's correct.

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the problem is uh again what mr notkinson pointed out is that the overlay provision

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uh in 14501 of the so 14500 is the overlay is a chapter of the code dealing with the overlay

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So 14500 is a chapter of the code dealing with the overlay districts, and 501 is the

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general provisions, and under 2, sub 2, it says that the overlay, basically it says that

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the overlay district, when, so all applicable zoning code regulations apply in overlay districts,

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except that when overlay district standards conflict with standards that would otherwise apply under this zoning code,

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the regulations of the overlay district govern.

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So, as Mr. Nockamson alluded to, the overlay in this case is the North Central Philadelphia overlay district,

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and it basically has a restriction on the number of units per lot size.

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And it was L&I's position that that provision, because of 501, sub 2, that the restriction of the overlay takes precedent, that it preempts, and because there is a conflict, the overlay provision governs.

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And honestly, we wish, in this case, especially with historic property, we agree, the purpose

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of that provision was to incentivize adaptive reuse of historic structures so that people

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wouldn't need to come in and ask for a variance to potentially demolish a building or build

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something else.

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And again, there's some discussion about whether we would try to change this in the

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future.

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um you know again there's there's arguments on both sides where you know certainly communities

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may still want their overlay provisions to predominantly you know to take precedent over

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the exceptions for for historic properties but it's the city's position that as much as in this

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case we may uh want the historic the exemption for the exception from the use tables for historic

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properties to apply the overlay provisions dealing with the interpretation of the overlay

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and basically you know if there's a conflict who wins clearly states that the overlay provision

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wins in this instance and the ncp just won't won't allow this as a permitted use we don't think just

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Just to address one of Ms. Narkinson's other arguments, as of right now, the exception

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for historic properties from the use tables is not an overlay.

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It's literally just what it says.

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These are exceptions to the use table.

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So it wasn't intended at the time to constitute its own overlay.

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I mean, you could argue like historic districts themselves are kind of quasi overlays.

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But as of right now, we don't have overlays for historic properties per se in the code.

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But so, you know, the city's position is that, unfortunately, we believe that the language of the code is unambiguous and that the overlay provision has to prevail here.

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Alan, do you want to respond?

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I just think if you look at this special form of legislation that was passed, I do believe that the spirit of this legislation is that it would trump the base zoning and that an overlay, an unintended overlay would not affect the benefits of that legislation.

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That legislation applies to every single property in the city of Philadelphia.

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It was meant to live above the base zoning and the overlays, and I think the intent of the legislation, maybe not artfully drafted, and maybe they didn't think of that consequence, but still I do think that the intent is to allow this project to go as of right and that the L&I appeal should be granted.

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right so mi 2025 002 399 um appeal denied all right thank you and then we'll go right to the

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well get the vote first

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my vote is appeal denied michael johns my vote is appeal denied

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Cheryl Gaston, my vote is appeal denied.

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Tannetta Graham, my vote is appeal denied.

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Ryan McAdams, my vote is appeal denied.

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All right, so then we're going to move right to the variants.

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Thank you.

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MI 2025-01-001-580, 1835 Diamond Street.

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1835 Diamond Street. Mr. Nockmson, just for the record, state your name.

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Mr. Nockleton, just for the record, state your name.

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Alan Nockmson.

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And I would say there's a letter of non-opposition from Strawberry Mansion Community Concerns with enforceable provisos.

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I am glad that we do have the non-opposition of the community.

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I think that this project, whether it should be through an LNI appeal or a variance, it should proceed forward.

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with taking a historic property.

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Could you identify your client

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in relationship to the property?

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My client is 1835 W. Diamond, LLC.

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And to my left is Nicholas Payton,

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who's one of his representatives.

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So why don't you start your...

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All right.

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So as you can see...

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Before you start,

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I noticed that our attorney is leaving

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and Ryan McShary will take over

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as our attorney.

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All right, great.

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And then I think I have to have Ms. Graham ask me some questions.

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Sure, Ms. Graham.

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You've said it an awful lot, but go ahead.

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Good afternoon.

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Did you know your documents five days in advance in this hearing?

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Yes, I have.

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Okay.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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I do with reservation of right as to my L&I appeal.

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Thank you.

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Got you.

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Thank you.

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You may share your screen and proceed with your case.

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uh so you've heard a lot about the case i think we don't need to look at the refusal

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um you know we're looking to do six residential units and this historic property

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um we actually had a really productive meeting with the strawberry mansion uh community concern

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we have no objection to any of the provisos so there is no basement use there no issue um

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everyone has access to it so in terms of trash the trash will be stored in in the basement as

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