civus
Hearing video

ZBA Hearing - April 2, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 2, 20257h 53m

Did you do the construction with permits?

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uh we uh you know we hide them them but we don't know they have the

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they have the permit they have the permit or not you know

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and how long has the property been like this

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about almost almost three years and have you had it rented no and we live in downstairs for now

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And we're leaving downstairs for now.

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Questions from the board.

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Were the utilities separated?

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Yeah, yeah, yeah.

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how many bedrooms is the second unit one bedroom and kitchen and one bathroom

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okay and then it's on the first floor and in the basement no the first floor I think

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living room

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and

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two bed

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rooms.

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You live on the first floor?

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Yeah. Where's the new apartment?

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No, no.

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The new one is upstairs.

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Okay, on the second floor?

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Yeah. Okay, so you live

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on the first floor with access to the basement

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and this new apartment

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is only on the second floor?

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Yeah. Okay, and they

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intern exit through the front door

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to the property?

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You both intern exit through the same front door

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to the property?

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Front door, and then

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we go in, and then we separate right there.

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Okay.

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Is there other duplexes on your block?

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Yeah.

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How many?

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Do you know?

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What I know is one on the

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corner that's duplex,

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and my next door

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that's duplex.

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A few, I think, yeah.

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Other questions from the board?

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The pictures that are on the screen now,

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can you move them up or down?

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Thank you.

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Are those the only pictures that you have?

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Yeah, yeah.

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And these pictures again are showing which floor?

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The second floor?

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This one is the first floor.

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I'm sorry, say that again?

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It's the first floor.

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Okay.

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And one other question.

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So the two parking spaces, I'm assuming one would be for each unit, right?

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Yes.

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Do you have any pictures of this second floor unit?

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Oh, hi. Yeah, I tried to check the picture. I think it's only one picture.

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And where is that? These, these, these are, from what I understand, these are the first

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floor units. So you put in a second unit. Where are the pictures of this second unit

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that you put in in the bathroom kitchen in the bathroom what's the kitchen yeah the kitchen

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or the kitchen and the bathroom that's uh yeah that's all i have the second floor

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okay because he said before it was the first floor but it's

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yeah all right so do you okay

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questions from our attorney

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Ryan McShurry

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no chair

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questions are from the audience or the virtual audience

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chair I do not see any hands raised

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for the matter

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planning commission

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Ron Bednar city planning

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first name Ron R-O-N last name

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Bednar B-E-D-N-A-R

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do you swear

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or affirm to tell the truth the whole truth and nothing

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about the truth? I do. Please proceed. Comprehensive plan recommends no change to the RSA 3 residential

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single-family zoning at this location. There's no unique physical circumstances or condition of the

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property that would prevent it from being used in conformance with the zoning code. City Planning

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Commission recommends that the Board deny the proposed use variance for two dwelling units.

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Thank you. MI 2024-001-377-4742, Rose Hill Street, I vote yes with proviso. Certificate of Occam C to be obtained.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Thank you. Number...

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number nine mi 2024

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number nine mi 2024 004 579 150 brown street lewis and vanessa porto are the owners

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it's a pro se there's a letter of authorization received

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there's non-opposition from council member squilla and a letter of support from northern

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liberties neighbors association this is coming back in as a family home to a duplex

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i'm sorry they're coming back in as a panelist

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Okay.

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Louis Porto.

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Good morning, Chair.

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Good morning.

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Could you please state your name and spell for the sonographer?

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Absolutely.

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Louis Porto, last name P-O-R-T-O.

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

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I swear.

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This application is for uses of two-family household living in an existing structure.

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The proposed use, two-family household living, is prohibited in the RSA 5 zoning district.

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Have you submitted all your exhibits?

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I have.

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Why don't you start your presentation and share your screen?

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Absolutely.

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Absolutely.

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Are you able to see my presentation right now?

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Yep.

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Okay.

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So this is a rendering of the home right now.

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I have the LNI refusal and the mailings that were sent out to all of the neighboring properties as required.

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exterior photo of the home it's a very large home 3200 square feet three stories finished

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basement currently is a four bedroom three and a half bathroom with an office

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this is a picture of the backyard facing north

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and same backyard just facing in the other direction

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this is one of the bedrooms

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living room, kitchen space, as it is today.

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Master bedroom, the finished basement with an exit well.

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The proposed renovation would be to make the building into two, two-bedroom apartments.

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The first unit, which would be the first floor and the basement, would be a bi-level unit,

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two-bedroom, two-bath with the backyard at 1,600 square feet. To access the property,

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you would be coming in right through the front door and going to your right. That would be the

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first floor unit. The half bathroom that we have currently would be made into a full bathroom,

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so there will only be a small modification to accommodate the change.

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In the basement, there will be no work required.

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Everything would stay as it is today.

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For the second unit, which would be bi-level for the second and third floor,

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when you come up the steps, you would end up here.

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the front bedroom would be turned into the kitchen living space. The bathroom would remain

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where it is today. The office would remain where it is today. And the rear bedroom would continue

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to remain at the same location with no changes. The top floor would continue to be a master bedroom.

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No changes would be made on this end. This property has had various uses recorded in the

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past it actually used to be a grocery store on the first floor which was here and then it had

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a separate entrance for for the residential unit which was on the second and third floor

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and this is just like a rendering of what it probably looked like back then

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150 brown street it's a it's a much larger lot than all of the neighboring properties

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It's unique because it faces two streets, olive on the south and brown on the north, which makes it ideal for a multifamily property also because of the size of the lot in comparison to the neighboring single-family homes in the area.

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It's not the only property that would be a multifamily.

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There's actually commercial uses and multifamily uses on the same block.

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commercial uses and multi-family uses on the same block and on much smaller lots than this property.

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and

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As I mentioned before, 150 Brown is a larger size than its neighboring properties in both RSA

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and RMN1 districts. It is larger by about 700 square feet, enough to almost build a separate

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dwelling based on the size. In fact, on just about a block away on Fairmount Street,

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two multifamily homes were just built on much smaller lots than this one.

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Mr. Porto, how many on your block itself, how many are multiple family now?

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Oh, I think there's about six properties that are multifamily currently.

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In that on your block?

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Correct.

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Right. And you live here right now?

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I do.

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And you want to give us the reason why you want to do the conversion.

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It's mainly because of real estate taxes and the cost of maintaining the home is a very large home.

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That would be the main reason why I chair.

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And why don't you explain the basement living to us?

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Yes, absolutely.

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So I can show you what it looks like today.

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This is actually a rendering of, this is the basement.

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This is a picture of the basement as it is today.

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It has an egress well in the rear.

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It has a full-size bathroom here.

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It is approximately 650 square feet, I believe, is the basement alone.

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I don't think I have that measurement independently, but it's a large basement that is currently finished.

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That is a picture in its current condition.

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Are there any other windows in the basement beside the egress well?

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There isn't one.

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Other questions from the board?

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The egress well is a walkout.

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It's like it's a regular sized door and then you walk out to the backyard.

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It has a small ladder.

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You walk up.

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Right.

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That might not legally comply as a bedroom, just letting you know.

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If that is the case, then I would be satisfied with making it a one-bedroom on the first floor.

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If it's denied by the ones we, I guess, apply for the building permits.

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Other questions from the board?

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Questions from our attorney?

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No, Chair.

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Questions or comments from the audience?

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Virtual?

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Do you let any hands with the Chair?

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Planning Commission Ron Bednar city planning comprehensive plan recommends no change the existing RSA five residential zoning at this location, the applicant's property is close to commercial corridor and transit station and it's irregularly a lot large lot for zoning district, therefore the city planning commission recommends that the board grant variance for two family household living.

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So, all right. So, MI 2024, 004-79-150 Brown Street. I vote yes with proviso. No bedrooms in the basement.

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Are we saying no bedroom or no basement living?

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So, Chair, if I could recommend a proviso to be no household living at the basement level?

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Right. All right. So instead of bedrooms, no household living in the basement.

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I don't agree with that. So how do I say I don't have a problem with what with household living in the basement in this situation?

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Because you've got the clear, got the egress that works.

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How do I how do I vote on that?

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OK, so so let's let's let's let's go again.

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I mean, it may not sound right, but where you are, Michael, you don't want bedrooms in the basement, are I correct?

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So long as it complies, I really don't have a problem with the bedroom in the basement so long as it complies with code.

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It's got a door that has a window, so it's got light and air, and it's got a full egress out to, you know, not just a window, it's a door.

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So I actually like that better. So I don't have a problem with the health of living in the basement or bedroom so long as it complies.

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OK, so let's. And if I may.

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Here's what we'll do is that obviously we have a couple of different views of this.

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What we'll do is we'll vote on this for you next Wednesday morning at 930.

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Okay.

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