civus
Hearing video

ZBA Hearing - April 2, 2025

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

down and then that the only um demolition that was done uh yeah that's the only demolition and

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i guess the um the back of the house was uh demo too the back of the house but the middle of the

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houses keep the same was there an extension done to the existing floor plates extension yeah the

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fourth floor and the front front of the house is an extension yeah wait a minute but based on this

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and I'm stuck. So the shaded area is the existing

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house, correct? So there's an addition on both

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ends, an addition on the height for fourth

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floor. Yeah. So the house has been sort of almost

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doubled in size. Okay. All right.

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Questions or comments from our attorney?

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No, Chair. Questions or comments from the virtual audience and their

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current audience here?

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yeah i have a handle from craig melanosian i'm about them to speak uh i right now i have somebody

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from uh uh pensport

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could you turn on your mic please just for the record state your name and spell for the

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stenographer sure my name is pat fitzmaurice p-a-t-r-i-c-k f-i-t-z-m-a-u-r-i-c-a

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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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Please start your presentation and identify your representation of it.

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Sure.

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Good morning, board.

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My name is Pat Fitzmarice.

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I'm the president of the Penn Sports Civic Association, so we're the RCO involved in this.

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We submitted our letter a few months ago, and then we resubmitted it yesterday just for clarity.

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I think our position and the reasons for it are pretty obvious in that letter, so I'll try to keep my remarks brief.

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I just wanted to note in response to some of the comments made today, the owner of this building is Skywide Real Estate LLC.

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It's not a person.

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The contractor is Skywide Real Estate LLC.

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That's noted on the materials that were just presented.

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So they own it as a business.

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They built it as a business.

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They submitted documents to the city.

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They didn't build in conformity with it.

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And they got caught.

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And now it sounds like they almost want to be rewarded for it.

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Um, I know there's been comments about the individuals that live in this, but right now

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I know there's been comments about the individuals that live in this, but right now that's just

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that's just not what's reflected on Atlas.

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When you look up the owner, um, you know, there was a mention about not being able to

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pay the house until they finish it.

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I don't know how that's possible if they're going to live in it or what their plans are,

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but there's just a lot of conflict, I think, between what's being represented and what's

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showing up on paperwork.

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Um, I would note that if you go on the skywide real estate LLC webpage, they hold themselves

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out as a builder in philadelphia of building houses i know that at our meeting they represented

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and they represent on their website if you look up their portfolio that they built a house in

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pence for well mercy street we wrote a letter for that and didn't oppose it because we just don't

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randomly oppose things um but for this i mean like i said earlier i think that this is just

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a situation where they built they got caught and now they're just seeking to be rewarded

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um the only justification i heard was a financial one which they caused um so as far as hardship

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goes which is the metric we're supposed to be looking at i just don't see it being present here

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um as far as the height in our letter um we didn't go out and measure this building

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um that figure either came from the city or from the applicant themselves um

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i would just note that and i think the board's kind of picking up on this everything here is

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kind of focused on this fourth floor um again this llc decided to put a fourth floor on um that was

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their decision and obviously they built non-conformity um the last thing i'll just

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mention and again this is in our letter but as far as the petition that was put up on the screen

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and the prompt it says that this is by right obviously that's not the case here um so i just

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wanted to kind of point that out for the board so i would just rely on the letter that we submitted

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for any other questions or comments.

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Counselor, do you have any questions?

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No, you're on.

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Okay.

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Can I ask one question?

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So can I ask one question?

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So is that true that this is owned by this company

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and the company is the builder?

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Yes, I represent Skywide Real Estate.

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I apologize that that wasn't clear.

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That was not our intention.

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Well, no, it wasn't.

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I mean, and probably I should have read up

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and saw it clearly,

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but it that is even more disturbing right and this that didn't let me finish that this that this

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entity is a builder and and built something that doesn't the plans don't match what's built

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and and they're a builder that's problematic it's it's not it it was presented almost as if

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I'm this sort of homeowner and while I didn't know my Sylvia architect right didn't didn't

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prepare plans correctly and oh by the way the guy that built it kind of just built stuff because you

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know that's what he does and kind of didn't match and let me do it but the fact that it's the

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builder and the owner is the builder that's problematic and that's that's i mean you don't

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have to respond that's that's just that's just a comment that's just no i would yes i would like

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to respond um the first question that i asked mr you is what his relation was to the company and

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the building and the property, which is that he's the president of Skywide Real Estate. He is

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planning on, he built this property, it's different than his other properties because he built this

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property to live in with his wife. And he's testified under oath today that he will be the

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one residing there and living there. So he's here both as the, you know, the builder who owns Skywide,

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you know, he's the builder, he's president of Skywide Real Estate. And, you know, he ran the

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project. That's not something that we're trying to hide from. That's just a fact here. But he is

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planning on moving in, so to the extent that that wasn't clear, I thought that it was, and I

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apologize if it was unclear to the board. I don't want to go back and forth, so I understand.

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Well, and my final statement would just be that he's not an architect, though, and this was an

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issue that, as you heard Mr. Smith discuss, that this is an issue that normally would not necessarily

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be picked up by a builder who was just adding that floor there, and so this is an architect

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issue that he's not the architect. He did hire the architect and that's part of it, but he expected

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them to do the job according to what he hired them for. The issue is that he did not have

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construction administration, which is the point when the architect would catch that. I also want

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to know that I pulled up the original sale listing from Redfin and the heights of the original

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building were not 10 foot two. So I think there's a lot of things. I think that the plan that we're

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looking at is the existing conditions based on what has been constructed

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and is not the original condition of the building at sale, which is the issue

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today. Other questions from the audience?

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Yes, Mr. Chair, I have a hand up from Craig Maladossi and I have allowed

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them to speak.

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Greg

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Craig.

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Greg

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I'm sorry, you can proceed

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I have another hand up from Dakota Callick

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Is there anyone else in the audience?

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yeah decola cock i've allowed them to speak sure hello can everyone hear me hi yeah i can't could

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you please state your name and spell for the stenographer yes my name is dakota d-a-k-o-t-a

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last name is callick k-a-l-e-c-k would you swear or affirm to tell the truth the whole truth

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nothing but the truth i do all right are you in favor of this project or against i'm in favor

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Okay, could you give us a quick reason why?

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Yeah, the only reason I'm in favor, I mean, I can't speak to what everybody else has spoken to.

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I'm not an architect, and I'm not a builder.

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I'm just a neighbor.

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I know Tim.

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Tim's a good builder, and I am a neighbor here locally in Pennsport.

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The project looks amazing.

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It looks beautiful, but it's been halted for a long time.

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My only concern is if based on what everyone's saying, if you'd have to bring the fourth floor down and it creates such a financial hardship, if the current owner can't complete the project, it's going to sit a lot longer.

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And I'm not sure that any additional builder will be able to pick it up financially as well.

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So my only concern is just I would love for the property to be done and finished with.

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It's created somewhat of a construction site there, which I see every day.

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And I think that if we had to go through the hardship of taking it down and the owner is not able to do so, it's just going to sit for a lot longer.

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Thank you very much for taking the time to call us. Is there anyone else in the audience?

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Yes, Mr. Chair, a Daniel Evanchen.

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How many more hands do you have?

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Just one after him.

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All right, sir, could you please state your name and spell for the stenographer?

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Yes, Daniel Evanchen, E-V-E-N-C-H-E-N.

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Do 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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Are you a neighbor?

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I am. I live at 1421 South 2nd Street.

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Are you in favor of this or against?

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I am in favor.

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All right. Any different reasons than what we've heard?

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The only thing I'll add to the previous, I believe his name was Dakota's reasoning, which is the same as mine, is the property prior to construction and now currently, as it's just been sitting boarded up,

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has become a little bit of a hotspot for vagrants.

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And so walking my dog at night past this property

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feels rather unsafe.

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I would love for this to be a finished project

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and a home in the community.

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So that way, you know, it is no longer attracting,

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I'll call it unsavory behavior.

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Thank you very much for taking the time.

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Do we have one more hand?

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Yes, Mr. Chair.

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Patrick Williams, I've allowed him to speak.

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hi could you please state your name is spelled for the stenographer

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so i'm gonna start working on that Patrick Williams

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Mr. Williams you're breaking up

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Mr. Williams

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thank you

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Mr. Williams

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yes Patrick Williams

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P-A-T-R-I-C-K-W-I-L-I-A-M-S

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That's where we're referring to tell the truth, the whole truth, nothing but the truth.

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Yes, sir.

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Are you in favor of this project or against?

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In favor.

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Thank you very much for calling us.

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We appreciate it.

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Planning Commission.

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Sir, Ron Bednar, City Planning.

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The comprehensive plan recommends a change in zoning at this location to RSA 5, Residential Single Family, to RM1, Residential Multifamily.

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the applicant has not shown that complying with the height requirements in RSA 5 district would

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cause a detriment to the property. The City Planning Commission therefore recommends that

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the board deny the proposed height variance. Okay. Counsel, you're still here? Yes, I'm here.

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All right. Counsel, we're going to hold this vote until next Wednesday so the board can really have

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some time in the executive session to talk about exactly where we stand next Wednesday at 9 30 a.m.

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we will do the vote okay okay thank you thank you okay we're going to do number 16 MI 2024

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007 230 635 West Roosevelt Boulevard Lynette Marie Santiago is the attorney

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Lynette Marie Santiago is the attorney.

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Good morning.

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Good morning.

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We're sorry we left you there so long.

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Could you please state your name as spelled with a stenographer?

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Yes.

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Hi.

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Good morning, everyone.

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My name is Lynette Santiago-Lorenz, L-Y-N-E-T-T-E-S-A-N-T-I-A-G-O, and here with me are Todd Philippi, the church's architect, and I represent the applicant, Zion Assembly of God.

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Excuse me, this is the court reporter. Could I ask the attorney to pull the microphone closer to her? Thank you.

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Absolutely, thank you.

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Again, I'm Lunette Santiago. I represent the applicant, Zion Assembly of God, the church.

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My name is L-Y-N-E-T-T-E-S-A-N-T-I-A-G-O.

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And here with me are the applicant's architect, Todd Phillippe, and Pastor Jose Colon, the church's pastor.

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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, sir.

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Do you waive the reading of the refusal? Do you agree with its accuracy?

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Absolutely.

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

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Sure.

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This is Ian Haggerty, the director.

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This application, I believe, has a revised plan that includes a pretty significant change

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in the amount of additional square footage that's being proposed.

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And we believe that this might require a new refusal.

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Is that your understanding, counsel?

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