civus
Hearing video

ZBA Hearing - August 15, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 15, 20231h 0m

longer become a parking lot and a place for debris and litter and who knows what goes on

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on the parcel. I would much rather see it developed as a building. And I do appreciate

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the fact that their density, they're only seeking two units and not six units, as sometimes people

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do on a corner parcel. So, I am in full support, as is my partner in these properties.

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Thank you for taking the time, Nicole, and we appreciate your input. Is there anyone else in

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the virtual audience? Yes, Brian Zubek has been allowed to speak.

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

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firm. Hi, yes, my name is Brian Zubak, B-R-I-A-N, last name is Zubak, Z as in zebra, O-U-B as in boy,

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E-K. Do you swear from tell the truth to hold truth, nothing but the truth? I do.

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Are you a neighbor? Yes, I own the property at 2024 East Westmoreland, right across the street.

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Okay, proceed, sir. Yeah, so we own the property right across the street, and every single time I

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go there. We have a serious problem with illegal dumping in the area. And the open lots in this

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area contribute to that. I get stuff dumped in front of my property almost every day. And they

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dump it on the corner lot as well. So it's a real problem and an eyesore and is really frustrating.

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So we're excited to see something built there. This neighborhood is obviously in transition.

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You know, it's very difficult, I'd say, to build a single family home and make it make sense from a new construction perspective at this point.

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So understand the need to at least get a couple of units there and appreciate that while this is a very large lot, they're only doing two units.

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But it would be nice to see some sort of catalyst for some new construction in this area, which, you know, it has not seen.

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Okay. Thank you for taking the time, Colin. We appreciate your input.

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is there anyone else in the virtual audience? I see no hands. Planning Commission. Thank you,

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Thank you, Mr. Chairman.

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Mr. Chairman. Hold on, hold on. Brandon, do you want to? Yeah, I just if it's

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Brandon, do you want to?

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I just, if it's okay, I don't know if he is.

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I'd ask Justin to raise his hand again.

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I would like him to have the opportunity to talk about his company's efforts to gather

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those petitions, which are from this block.

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Bring them on.

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Brandon, if you're going to bring them on, please.

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Yeah, Justin, go ahead.

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And I'll just add real fast.

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I don't think there's a roof deck proposed. And, you know, we wanted to have another RCO meeting showing the revised plans.

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And that opportunity was denied. Anyway, Justin, can you speak to the petitions, please?

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Justin, just state your name. You've already been sworn.

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Sure. Justin Kaplan, thank you for the opportunity to respond.

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We did make several attempts to knock on doors on multiple occasions.

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and every time we went out, we knocked on every single door on each block.

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Obviously, we were only able to speak to those who answered the door.

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Okay.

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Thank you.

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Thank you.

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Anything else, Mr. Samarin?

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No, no, that's it.

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That's it.

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Thank you.

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All right.

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Questions from the board.

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We all did that.

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All right.

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Questions for the planning commission, please.

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Thank you, Mr. Chairman, and good morning. David Fechter with the City Planning Commission.

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In 2017, the zoning map was amended from residential multifamily to residential single

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family at this location in accord with recommendations from the comprehensive plan.

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There is no unique physical condition or circumstance of this lot to prevent it from

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being used in conformance with the zoning code. The City Planning Commission recommends the board

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deny the proposed use variance for two dwelling units. Okay, thank you. MI 2022 004-229-3301

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Emerald Street. I vote yes with provisors. Her amended refusal dated 6-13-22. Revised plans

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one page stamped by ZBA August 15th, 2023. Maximum two dwelling units and a variance for

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maximum

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open space?

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It's maximum occupied area.

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Maximum occupied.

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Thank you.

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Thank you, Hillary.

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Thomas Holloman,

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my vote is yes with proviso.

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Ishmael Shaheed,

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my vote is yes with proviso.

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Thank you very much.

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All right, we're going to go now to Mr. O'Brien, please.

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And Hillary, I'm going to read all the one in before he makes his opening statements, okay?

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Yes, thank you, Mr.

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This will be for six cases we're going to look at here with opening comments.

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And number two, MI 2023, 001-953-553 DuPont Street.

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Number three, MI 2023, 001-946-555-551 DuPont.

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Number five, MI 2023, 001-949-564 Green Lane.

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Number six, MI 2023-001-951-566 Green Lane.

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Number eight, MI 2023-001-948-562 Green Lane.

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And number nine, MI 2023-001-952-568 Green Lane.

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Mr. O'Brien, could you state your name, please, and spell for the court stenographer?

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Yes. Good morning, Mr. Chairman. William O'Brien, O-B-R-I-E-N.

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Right. Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Could you identify your client, the relationship to the property?

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Yes. My client is DuPont Street Developers Incorporated. I have with us today an officer

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of the corporation, Charles Whitlock. Okay. And the way we're going to do this is you're

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going to make opening comments relative to the six request. And then we're going to break it

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down and I hear two on DuPont and then the four on Green Lane. Okay. Thank you. So our vice chair

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just has a few questions for you before we start. Good morning, counsel. Do you agree to waive the

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reading of the refusal and stipulate to its accuracy? I do. Have you emailed then all the

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Have you emailed them all the required documents and exhibits that are needed for all the cases to proceed five days in advance of this hearing?

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required documents and exhibits that are needed for all the cases.

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Yes, I did receive the RCO letter late, but I do have it as part of the package today.

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Understood. Please proceed and share your screen.

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Thank you.

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So we're going to start with opening comments, right?

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Okay. Yes, you're up. Let me just find my...

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You're coming up.

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Bear with me one second.

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There we go. Yes, so this is a bit unusual, this case, these six cases.

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In mid-2012, zoning permits were granted for an eight-lot subdivision.

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Later in 2015, building permits were issued for those eight houses.

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They were configured as four duplex, semi-detached structures.

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um the first two on dupont street which were not part of this were completed and sold that

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was 555 and 557 dupont street uh and then in mid uh 2021 uh licenses and inspections determined

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that the permit the building permits had expired and revoked all the permits uh at that point

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construction had progressed on the two Dupont Street properties, 551 and 553. They were

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enclosed structures. And then the Green Lane, the four lots on Green Lane, all the site work and

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foundation work was done. And that is how it's continued to today. So addressing now the two

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on dupont street uh we do have refusals uh and we're prepared to go forward and

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hillary do we want to just take the two on dupont street right now should i read into the record

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what he's doing now um sure yeah why don't you go ahead and put those on what we're going to do

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right now we're going to hear the two on dupont street mi 2023 001 953 553 dupont street

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And number three, MI 2023-001-946-551, DuPont Street.

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So you'll present these two now, Mr. O'Brien.

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Thank you.

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So let me go to the page.

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So this is the development plan that was approved in 2012 and building permits

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were issued in 2015. This is the DuPont Street at the top and Green Lane at the bottom.

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These two houses have been completed and sold, and these are the two that were subject in this

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hearing, 551 and 553. When the permits were granted, they were zoned R10A. Since then,

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they've been rezoned RSA3, and there's also been a neighborhood conservation overlay,

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which has rendered several elements of this formally approved development no longer code

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compliant because of the status of the development of these two properties being under roof the curbs

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and curb cuts are already in the civic group central roxburgh civic association has agreed

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to support a variance to allow the completion of these two as originally proposed

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I can show you what that looks like now.

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So that is the image, that's the building that was again,

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that's where it stands today.

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It was under roof and enclosed,

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but so that we were asking the zoning board

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to grant the variances to allow this these two homes to be completed as originally proposed.

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This is what they will look like when they're finished. This is 555-557,

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which was completed and sold back in 2021.

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which was completed and sold back in 2021.

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The civic group did support this, as I said,

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and they did provide a letter.

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I think it was issued on Saturday,

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and that is part of the package.

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I'm sorry.

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I have a new Adobe program, and it's not as familiar to me as I wish it was.

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But anyway, here is the letter of support.

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And the refusals reflect the fact that the zoning has changed and the NCO has changed.

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Those refusals are substantially dimensional because of the change to RSA3.

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uh and uh under the nco uh which now prohibits front-loaded parking and front-loaded garages

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but the civic supports a variance to allow that to continue continue because of the status of

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these two uh homes um i have nothing further i can ask mr o'brien why don't we why don't you

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bring your client on adopt your testimony for these two cases okay mr whitlock did you hear

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my testimony yes i did let's let's get in the status name first your name hi my name is charles

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whitlock and could you spell please for the court stenographer sure uh charles last name whitlock

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w-h-i-t-l-o-c-k right do you swear or affirm to tell the truth the whole truth nothing but the

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truth i do proceed mr chairman mr whitlock did you hear my testimony uh yes i did and is it true

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and accurate it is true and accurate and do you adopt it as your own yes i do okay questions from

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the board no chair no mr chairman thank you questions or comments from the virtual audience

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yes chair we have one hannah from a dennis okay they have been allowed to speak hi could you

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state your name, please, and spell for the court stenographer? Dennis Carlisle, D-E-N-N-I-S-C-A-R-L-I-S-L-E.

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

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Yes. Are you a neighbor? Yes. Okay, proceed, sir. So I just live right nearby. I pass these homes a

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lot, and I pass the Lawson Green Lane a lot, and I fully support the variances, and just want to

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say that it's a it's a shame that a neighborhood conservation overlay was made so restrictive that

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these homes that were approval in the past are not approval now by right and so that overlay

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really did create a blight in our neighborhood uh therefore these are our answers should go through

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thank you thank you for taking the time to call in we appreciate your input is there anyone else

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in the virtual audience i see no hands planning commission

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thank you chair bergman and good morning david effecto with the city planning commission

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chair i'll give my testimony for both 551 and 553 dupont street okay uh the comprehensive plan

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recommends no change to the residential single family zoning at this location the proposed

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variances reflect an as-built condition built with the benefit of permits the city planning

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commission recommends the board grant the proposed dimensional variances and the proposed

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variance for parking access from dupont street thank you thank you i'm going to read both so it's

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mi2023 001 953 553 dupont and number three mi2023 001 946 551 dupont i vote yes to both

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Thomas Holloman, my vote is yes to both.

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Ishmael Shaheed, my vote is yes to both.

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Thank you.

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Mr. O'Brien, now I'm going to read in the record the other four on Green Lane.

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MI 2023-001-949-546 Green Lane.

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MI 2023-001-951-566 Green Lane

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number eight MI 2023-001-948-562 Green Lane and MI 2023-001-952-568 Green Lane

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Mr. O'Brien, you've already identified

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Mr. O'Brien, you've already identified your client and all your paperwork and everything's in, so we don't need the vice chair to ask you any questions. Why don't you start your presentation on these four cases?

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Thank you, Mr. Chairman. The image on the screen right now are the four lots on Green Lane, 562, 564, 566, and 568.

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You can see some of the foundation here, and you see the evidence of some of the site work and water work that's been done, EWD work.

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um the this building on the right in the in the background is 555 557 those are the two homes

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that were completed and sold uh on the left is 551 and 553 which was just the subject of the

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previous hearing um the uh neighborhood was uh sensitive to the fact that there had been a

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substantial amount of investment in these four lots. However, they were still concerned with

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the introduction of front-loaded parking and garages. They asked the developer to eliminate

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the garages, the curb cuts, and the driveways, introduce a porch on the four homes,

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a front yard, and first floor living space. The developer adopted that recommendation and was

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allowed to amend the zoning plan. That zoning plan is now under review. The amended zoning

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permit has not been issued, but I'd like to just show what that zoning plan looks like.

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That's the old one. Here we go.

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So, as you can see, these are the four green lane houses.

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There are no longer any curb cuts.

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There's no driveways.

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There's a porch on each of the houses, a walkway.

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And the floor plans show first floor living where the garage would have been.

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um here's the uh first floor there's the porch uh and then first floor living where the garage

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would have been um and again the neighborhood has supported this uh and their letter is now

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part of the record um it's the same letter that was introduced in the previous hearing

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