civus
Hearing video

ZBA Hearing - August 4, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 4, 20215h 51m

and a letter of non-opposition from Councilman Mark Squilla.

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Okay.

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chair i've just promoted corinne wise to panelists thank you please identify yourself

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spell spell your first and last name and i'll swear you in

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good morning good morning mr wise please identify yourself and i'll swear

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Yes, sir. Corenwise, C-O-R-E-N-W-I-S-E, Attorney for Applicant Dorinda O'Donnell, 1318 Rittner Street. I'm sorry, my address is 100 North 18th Street, Suite 300, Philadelphia PA, 19103.

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Affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, sir.

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Thank you. Please proceed.

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

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, voters and plans five days prior to this hearing?

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Yes, I have.

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

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Yes.

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Thank you. Please proceed.

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Good morning, Mr. Chairman, members of the panel.

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On the call also today is my client, the applicant, Dorinda O'Donnell.

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The address is 1318 Rittner Street, and the application is for a use variance.

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Ms. O'Donnell is a licensed massage therapist, and in this space of 1318 on the first level, she's seeking a variance to operate a massage therapy and spa.

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And if I can share my screen, I can pull up my exhibits.

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Okay, so can you see my exhibit list?

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yes yes so here's our refusal for 1318 rittner street um for the massage therapy with a medical

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practitioner licensed by the state on the first floor um this was previously a doctor's office

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at this location um doctor moved out here's the lease miss o'donnell has signed with the

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landlord for the space on the first floor in the basement for 1318 Ritner Street. And

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here's your tax clearance, or I should say the tax clearance for the property.

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This is the zoning meeting notice,

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which was supported by Lower Moyment Singh. And here's the plans. I'm sorry, it should have been,

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Oh, that is the letter. I'm sorry. That's the letter of support. So support here.

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Here's our plans. Let me shrink this down a little bit so we can see that.

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So this is on the first floor here. That's the space in question. Above it, on the second and

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third floor, are residences that are not part of this application and outside of the applicant's

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the applicant's control, and the basement space is accessed in the rented space. So

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control and the basement space.

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I'll show you a picture of that. Right now, that's just sort of finished, but open.

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But the front door, there's a, here's the stairs up to the apartments above, and here's the door

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into the um office and we'll you'll see there's a reception area a desk a laboratory some practice

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rooms behind and then uh there's stairs inside the space down to the basement which would be

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over here and you come out in the basement there's some storage in a room and this is

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open with a small bathroom there and if i go to the photos i can show you let me flip this

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okay so uh our vestibule our reception area

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this is this is the this is the door into the office this is a receptionist uh station

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small bathroom up front in the waiting area uh not this pardon interruption um i think you can

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summarize would be helpful. Thank you. Um, Mr. N is looking for a variant so she can use this

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existing, uh, office for her massage therapy. The name of the practice will be muscle and flow.

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Muscle what? Muscle and flow. And, uh, if, if, if you'd like to promote her, I can have her, um,

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yeah, the reason I'm, I'm very familiar with that block. I know there were many doctor offices on

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at 1300 block right right behind the hospital the parking garage yeah right of course there's the

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basement she's available to be sworn in chair please identify yourself spell your spell your

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full name and i'll swear you in uh my name my name is dorinda o'donnell d-o-r-i-n-d-a-o apostrophe

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d-o-n-n-e-l-l you swear from to tell the truth the whole truth nothing but the truth

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yes sir hey miss o'donnell did you hear my testimony i did did you find everything to be

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accurate yes muscle and slow massage is the name of the place but yes i don't get the end of muscle

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and? Muscle and, A-N-D, flow, massage. L-O? F-L-O-W. Flow, flow, okay. And do you adopt my testimony

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as your own for this hearing? Yes. Okay. Thank you. Questions from the board? No. No. Anyone

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else would like to testify in this case please raise your hand i see no handshare thank you

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planning commission good morning mr chairman members of the board david facto city planning

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commission the comprehensive plan recommends this property for single family use however

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there appear to be at least two other home-based businesses on this side of ritner street the

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application for personal services appears to match the character of the block. We recommend that the

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board approve the requested variance. Thank you. MI 2021-001494, 1318 Rittner Street, my vote is yes.

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Confessor Plaza, my vote is yes. Thomas Holliman, my vote is yes. Thank you. We go to number four on our list, MI 2021-001480.

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1439 East Passiunk Avenue.

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There's a letter of non-opposition from Passiunk Square Civic Association

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and a letter of non-opposition from Councilman Mark Squilla.

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Mr. DiRizio is coming back in as a panelist.

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Mr. DiRizio, just please identify yourself with a record, spell your full name,

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and you're already still under oath.

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Yes. Good morning again, Mr. Chairman, members of the board. Raymond D'Orizio, D-O-R-I-Z-I-O, attorney for applicant, address to Penn Center, Philadelphia PA 19102.

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Mr. D'Orizio, you agree to waive the reading of its refusal and stipulate to attack?

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Yes.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Yes.

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

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We have. Please proceed. Thank you.

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Thank you.

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So if I can have one minute to pull up what I have.

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If I can have one minute to pull up what I have. I'm sorry. I have to go through this, get it back up.

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okay so this is a refusal basically it's a rsa 5 zoning district it's application for a takeout

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restaurant on the first floor with single family housing on the second floor the property is

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located at pass junk avenue and dickinson street um my client is proposing to do an ice cream

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takeout business. No inside eating, just serving cones and pints. Takeout from that location and

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a timely appeal was filed. If I can get over to, we did meet with the community. There's a lease

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attached here. It's in my client's name. The business is Milk John. They do have other locations

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in the city. It's a corner property at issue. I'm going to get to our photos. Here is the

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plans. So it's right on the corner. Entry would be right in the caddy corner there

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for the restaurant, or I'm sorry, the takeout. These are the posting zoning notices. That's

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a picture of the front of the building from Pashunk Avenue looking east. And that's Dickinson

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Street looking east again. Building is the white building there. There are other businesses in the

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area. There's a bar across the street, Acme, and I believe a senior center on the other side,

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coffee shop on the other corner. So essentially, these are some interior photos. This is the

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basement in the utilities. This is the first floor where customers will come in. This is the

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basement, I believe. It's the first floor. This is a menu. It's all going to be takeout, pints,

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cones. Here is the tax clearance. Essentially, my client will handle the trash. She'll be having

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someone on site cleaning up. Commercial trash is in the lease. We have met with the community.

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there was no opposition and my client's looking forward to try to get started with another

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location for the business and I believe that my client is on the call Amy Wilson Wilson please

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put your hand raise your hand and when I acknowledge you just spell your full name

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and I'll swear you in Miss Wilson please unmute yourself and wait for the

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ms wilson hello hi good morning ms wilson please spell your full name and i'll swear you in

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a-m-y-w-i-l-s-o-n where from to tell the truth the whole truth nothing but the truth

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I do, yes. Please proceed, Mr. Doratio. Thank you. Ms. Wilson, you hear my testimony. Is it

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truthful and accurate? It is. Okay, and would you adopt it as your own? Yes. Okay, thank you.

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Any questions from the board? No. Anyone else would like to testify in this case? Please raise your hand.

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i see no hands at this time chair thank you planning commission good morning david fecto

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city planning commission mr chairman members of the board the comprehensive plan recommends this

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property for commercial and residential mixed use the proposed takeout restaurant matches the

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recommendation of the comprehensive plan and is in keeping with the general character of the block

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We recommend that the board approve the requested variances.

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Thank you. MI 2021-001480, 1439 East, Passyonk Avenue, my vote is yes.

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Professor Plaza, my vote is yes. Thomas Holloman, my vote is yes.

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Thank you. We go to number six on our list.

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Thank you. Good luck. MI 2021-001492, 2015 Church Lane.

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Vernon Anastasio was the attorney of record. Faith Community Development Corporation sent

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a letter of support. Mr. Anastasio. Good morning, Mr. Chairman. Vern Anastasio on behalf of the owner of 2015.

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So Vern Anastasio, on behalf of the owner of 2015 Church Lane, that's A-N-A-S-T-A-S-I-O, 1315 Walnut Street, Philadelphia, 19107.

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We're affirmed to tell the truth, the whole truth, nothing but the truth?

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I do, sir.

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Thank you.

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Mr. Anastasio, you agree to waive the reason of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, folders and plans five days prior to this hearing?

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I have.

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Have you met with the RCO and have a letter?

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I met with the RCO, but I did not get a letter directly.

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I don't know if one was sent to the zoning board.

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they did indicate support at the meeting but i'm not sure if they produced the letter

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and we did receive a letter in support this is sharon thank you

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may i proceed mr chair yes please thank you i'm going to share my screen

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okay 2015 church lane as you can see it's a corner property

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uh two separate entrances since 1957 it's been uh two units uh the first floor however uh the

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long history of this property uh was that this first floor was a business it was a produce store

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It was a meat market, several other commercial businesses.

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At some point over the past decade or so, this property was outfitted as another residential unit.

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My client just recently purchased the property thinking that it was, in fact, a legal two family.

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And what he did was relied on the fact that there are two separate electric meters, as you can see here.

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But unfortunately, it has not been legalized as an existing two-family dwelling.

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We'll pull back and show you the plans.

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These are ample units.

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The second floor is a two-bedroom unit.

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The first floor is a one-bedroom unit.

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It's directly on the corner, as I said.

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The property on the opposite corner is also a multifamily dwelling that once had some CMX-2 treatment or CMX-1 treatment.

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And then two doors down at 2019 is another two-family dwelling.

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I've submitted photos for your review.

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And there's some proof of posting.

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Given the history of the property, the treatment historically, the fact that my client believed it was a two-family dwelling and purchased it just by looking at it with the two separate entrances and the two separate electric meters, and because we met with the RCO and they agree with this use, they do not want commercial on the first floor at all, and they realize that turning this into a single-family dwelling would be impracticable.

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As a result, we respectfully request the granting of the variance, and I would like my client, Leron, to raise his hand so he could be recognized.

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Mr. Leron, please unmute yourself.

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Sir, please spell your full name, and I'll swear you in.

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Liran Ben-Shoshan, L-I-R-A-N-B-E-N-S-H-O-S-H-A-N.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you. Please proceed.

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Thank you. Liran, did you hear my presentation to the board this morning?

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Yes, I did.

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And is it true and accurate to the best of your knowledge?

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Yes.

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And would you adopt it as your own testimony if need be?

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Yes.

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Thank you. That's all I have, Mr. Chair. I'm open for questions.

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Thank you. Again, I apologize for the background noise. Any questions from the board?

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No.

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No.

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Anyone else like to testify in this case? Please raise your hand.

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Chair, we have Charles Richardson. Please unmute yourself and wait for the...

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Morning, Mr. Richardson.

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there we go okay now i'm unmuted good morning mr chair charles from the office of councilwoman

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Charles Richardson from the office of Councilwoman Cindy Bass, room 312, City Hall.

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cindy bass room 312 city hall

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

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I do.

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Please proceed.

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The Councilwoman has no objections to granting this variance.

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Thank you very much.

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Anyone else to testify in this case?

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I see no other hands, Chief.

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Thank you, Planning Commission.

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Good morning, David Vecto, City Planning Commission, Mr. Chairman, members of the board.

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The comprehensive plan recommends this property for residential single-family use.

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The former storefront appears to have been converted to a residential unit without benefit of permits.

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However, the use appears to predate the current zoning for the neighborhood.

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We recommend the board approve the requested variance.

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Thank you. MI 2021-001-492-2015 Church Lane, my vote is yes.

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Professor Plaza, my vote is yes.

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Thomas Holliman, my vote is yes.

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Thank you.

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Thank you.

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Could everyone hear me over this background noise I have?

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Yes, Frank.

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We hear you very well, Chief Chair.

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Okay.

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Okay. MI 2021-001492. I'm sorry, excuse me. I already heard that. Go to number eight on our list.

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How about number seven, Frank?

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Number seven, MI 2020-003076, 2614 Rohn Street. This is a second listing. Have we received any exhibits, Sharon?

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we have not is there anyone here for 2614 ron street

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i see no hands chair thank you mi 2020 that's zero zero three zero seven six two six one four

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ron street my vote is to dismiss professor plaza dismiss thomas holloman dismiss you go to number

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eight now. Number eight is MI 2020-000336. 3128 West Montgomery Avenue. There's a letter of support

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