civus
Hearing video

ZBA Hearing - December 7, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 7, 20225h 23m

Okay.

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Permission to cross?

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You can. Thank you.

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Mr. Lange, are you...

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Mr. Anastasia, just to let you know, I brought

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eight people to the meeting myself, so I don't

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know who to count.

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Hold on one minute.

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That's your RCO leader.

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He gets to ask you some questions.

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I just need to make sure, Mr. Lange, you're aware of the three separately deeded parcels as they exist currently.

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Is that right?

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Yes.

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And the regular size and situation of each and every one of them.

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Is that correct?

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Correct.

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What would you prefer to be built there, sir?

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Fire pits, because that's what we all said, right?

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Fire pits.

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Okay.

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No, I want a building built there that adheres to the laws.

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I have nothing further.

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Thank you.

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You got it.

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Thank you.

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Thank you.

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Thank you for calling in, sir. We appreciate your input. Is there anyone else in the virtual audience?

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Yes, Chair. We have Anthony Fullard.

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Okay. Mr. Fullard.

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I do want to ask Mr. Anastasio, I did not receive the petition that you showed in your packet, so if you would like that included in the record, please forward that ASAP.

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I do. I'll forward it as soon as we end this evening.

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But there's an issue with the architect not being able to testify that if we close the record, he will not be given that opportunity.

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So I don't know how we would want to deal with that.

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uh excuse me this is pauline kirmaiti does he he has the link correct and he just can't

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is he receiving any errors on his end or it's just it's my understanding that the link isn't

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working he's actively trying to get in he keeps getting an error message okay do you know what

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error message he is receiving i don't but so so hillary i i would i would say uh

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Um, maybe we leave it open then to next week to let him testify, but it would be a short

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testimony because Vern, you pretty much went over it for us, but if you think that he can

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add something, then we're going to give him a short period of time to have something to

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say.

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Only because he's-

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So would that be like a resumption hearing?

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Hillary, is that okay?

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Yes, that's what I was going to say.

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Yes, I would say we could do a very, very brief resumption hearing at 2 p.m. for the

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architect's testimony.

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um we've already heard from the public we've already heard from the planning commission so

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it would be only for that and then the board could vote um the record is is otherwise closed in this

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case that's fair i appreciate he's he has to testify as the expert design professional okay

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thank you all right all right thank you i appreciate it thank you number 11 mi 2022

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2-0-0-4-0-5-4-600 East Roosevelt Boulevard. Jared Klein is the attorney. Letter of non-opposition

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from the 35th Ward Democratic Executive Committee. Civic design review required and completed.

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Mr. Klein. Good afternoon, Mr. Chair, members of the board. Jared Klein. It's J-A-R-E-D-K-L-E-I-N

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from Blank, Rome, 130 North 18th Street in Philadelphia.

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

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Yes, I do.

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All right.

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Could you identify your client in relationship to the property?

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Certainly.

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And it is this area that's indicated by your triangle. This is what 5501 Whittaker will be when that parcel is activated.

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um the the proposal here is for a self-storage unit and the challenge for developing this lot

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is due to the shape it's a triangularly shaped parcel so we have a nice amount of frontage here

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but towards the rear of the parcel it gets very very slim uh to the point where you can't really

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there's no buildable space on the rear of the parcel so you're left really with this front

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piece that is developable. These are views of what the lot area looks like now.

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This is the area where the self-storage will go. As you can see, there's also a grade to this site,

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and so part of the hardship that's unique to the lot is having to regrade this lot to be able to

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build a usable structure there. Very quickly, photos of posting that were placed around the

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lot, including on the shopping center. And this will give the board a sense of what we're looking

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to do. This will be the proposed three-story storage unit, 46,000 square feet. There's

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proposed to be a retaining wall and landscaping throughout the facility. And it's going to have

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a covered loading area so that customers of the storage facility can come in through a two-way

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driveway. There's a covered area with some exterior storage units, and then there will be

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interior storage units throughout the rest of the building. This is an overhead showing that

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covered loading area that I referenced, and a general floor plan of what the storage unit will

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look like when it's completed. This is an area of land that's been vacant for some time

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and was never included in the shopping center parcel despite having previous common ownership,

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So we think this is a much more beneficial use for the lot than just the vacant space that's been there for some time.

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Just some renderings to give you a sense.

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It's a very standard looking cube smart self-storage building that I'm sure we've seen throughout the city.

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This is just to contextualize. This is the shopping center and industrial buildings that surround us.

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And this is where the new building would sit in context with what's around it.

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just to show the board another rendering of what we hope the finished product will

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look like. We did take the project through CDR. Their letter noting that their comments and that

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the process has been complete is included for the board here. And as I was coming into the meeting,

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I heard the chair mention our meeting with the 35th Democratic Ward. Their letter of

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non-opposition is here before you on the screen. I can certainly share additional detail,

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but I think at this point, I'll ask my client to raise his hand and adopt my testimony.

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James Coakley, I know he was with us at the start of the meeting. I don't know if he's still with

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us now. Hi, if you're there, could you state your name, please, and spell for the court reporter?

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yes hi james coakley c-o-a-k-l-e-y right do you swear or affirm to tell the truth the whole truth

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nothing but the truth uh yes i do mr chairman proceed thank you uh james did you have a chance

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to listen to my presentation this afternoon yes i did and uh would you adopt my statements as

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true correct and your own if you'd had the chance to more substantively testify yes i would thank

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you very much uh mr chair if there's any questions about the operation mr coakley certainly happy to

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answer all right questions from the board no mr no mr chairman no mr chairman questions or

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comments from the virtual audience as they know he is chair i play any commission good afternoon

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mr chairman and board members david vecto with the city planning commission the proposal completed

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its civic design review in September of 2022. The civic design review committee's advisory

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recommendations are not an expression of the city planning commission's recommendation

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or opinion regarding zoning variances, special exceptions, or other discretionary approvals

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associated with this proposal. The comprehensive plan recommends no change to the commercial mixed

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use zoning at this location. The applicant has failed to show that they cannot use this site for

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any of the activities allowed by right in commercial mixed use three one of the city's

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most permissive zoning districts so the city planning commission recommends that the board

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Yes. We have two cases left before the 2 p.m. break. Are you okay to go through the two and

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then we'll take a little break after that? I am, Chair. Thank you. Okay, so we'll hear these two

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And then just around the corner, 1643-51 North 6th Street, again, a RSA 5 property granted under similar circumstances.

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And then this, I think, is the most impactful thing.

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This is the 1600 block of North Marshall Street.

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The green one is us.

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The red, which is labeled 2 through 12, these are all multifamily properties, even though they're RSA 5.

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zoning classification so what we're proposing is definitely not out of character what you would

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expect for on this block and then maps of the area yes we're yellow uh rsa5 but again as you

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saw from this map here you know it's not out of character to have worldwide family this portion

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of the neighborhood and then just maps uh a google map of the area as well and then photographs of

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property again as you can see there's a property to the left of us and to the right of us over this

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vacant lot four meters four meters one meter for each unit uh which is three and another meter

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for the common area we would be doing the same so what we're doing is mimicking what's the left and

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right of us and then you can see this property has been vacant you can see the left and right

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the properties of left and right of us were not there up until recently but our law has been

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vacant since 2007 which shows you know the hardship here about being able to develop

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pursuant to the strict confines of the build-up historic codes and then you can see here this is

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our proof that we posted the property to the community about today's hearing and then this

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is north marshall street till uh right of the property north marshall street till left of the

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property are plants and drawings. As you can see, we're mimicking the, you know, the stairs to the

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front steps, the height, the look even in some ways of the property, traditional red brick flat

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facade. Again, no dimensional variances, pretty straightforward floor plans. You walk into a

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common vestibular area, you go to the left.

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Unit number one is the first floor and lower level.

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You go up another, instead of going to unit number one,

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you go up another flight of steps.

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Unit number two is completely on the second floor.

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You go up another flight of steps.

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Unit number three is on its own floor,

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on the third floor.

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And then this is our RCO meeting notice.

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we met on november 2nd at 6 p.m 149 addresses were notified

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these are listed the addresses proof of mailing to those addresses

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proof of email uh to the rcos as well as other relevant parties our application for appeal that

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we filed to the zba notice and refusal project information form or deed to the property

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showing that Preston-Berkeley LLC

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is the owner of the property.

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Another certificate of tax clearance

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showing that there's no balance due on real estate taxes.

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With that being said,

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I would ask that Mr. Nadeau

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virtually raise his hand

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so he can be sworn in

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and then adopt my testimonial system.

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Hi, could you state your name, please,

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and spell for the court reporter?

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sir please unmute yourself sorry pardon me uh sanjeev naidu s-a-n-j-i-v last name is naidu

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n-a-i-d-u right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes i do proceed counsel uh yes mr naidu you heard everything i had to say about your zoning matter

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I did. And is it true and correct? Absolutely correct. And do you adopt my testimony as your

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chairman? Yes, I do. Thank you. Questions from the board? No, Mr. Chair. No, no, Mr. Chairman.

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Questions or comments from the virtual audience? I see no handshare. Planning Commission.

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Thank you, Mr. Chairman and board members. David Fecto, City Planning Commission.

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The comprehensive plan recommends no change to the residential single-family zoning at this location.

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The zoning maps were changed in 2017 in Ludlow to conform with recommendations of the comprehensive plan.

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There is no unique physical condition of this 1,272-square-foot lot that will prevent it from being used in conformance with the zoning code.

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Although there are two quadplexes and several duplexes on the block, the majority of the block is still single-family.

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The City Planning Commission recommends that the Board deny the use variance.

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Thank you.

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MI 2022-004-053-1640.

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MI 2022, 004053, 1644 North Marshall Street. I vote yes.

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You're muted, Carol.

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The dog. Carol Tenere, my vote is yes.

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Ishmael Shahi, my vote is yes.

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Thank you, counsel. Stay right where you are. MI 2022, please.

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Please, please stay where you are.

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Excuse me, Mr. Chair.

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This is Hillary.

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I just want to interject because I do need to clarify from one of the earlier cases, something on the record.

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24-13 R Tulip Street, that's MI-2022-004094.

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We are having a resumption hearing next week, Wednesday, December 14th, 2022 at 2 p.m.

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and that will just be for testimony from the architect. The record is otherwise closed.

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Thank you. Thank you, Hillary. Appreciate it. Okay, so MI 2022-002-378-3107 Clifford Street.

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At this point, we're waiting for a letter from Strawberry Mansion CDC. Is that right?

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That's correct, Mr. Chair. Okay. Could you identify your client, please?

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Oh, yeah. So first of all, my name is Alan Ockamson, Ockamson, B-C-A-L-A-N, last name Ockamson, N-O-C-H-U-M-S-O-N. And I represent two individuals, Ryan Campbell and Carrie Urien, who are the owners of the property. And they're in the virtual. They should be in the virtual audience.

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Alan, could you say that one more time? I think we...

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Ryan Campbell and Carrie Urien.

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Okay. Our vice chair has a few questions.

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Hi, Mr. Nockamson. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes. I just wanted to note that we do have an updated refusal that the board does have by way of authorization.

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So when the board does vote, if they're so inclined to grant our variance request, I would ask by way of proviso with the correct zoning permit application number.

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Okay. Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal referral, photos under plans of the property five days in advance of this hearing? And have you met with the RCO and do you have a letter?

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So yes, in all respects, other than the letter.

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We do not have a letter with the Strawberry Mansion CDC.

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They did not take a vote at the last meeting, and we would like to present this matter one more time to them.

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This would be the third full presentation.

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We would ask that the board hold this matter under advisement.

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I'll be able to present waiting for that letter from the board.

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I'm in front of the RCA.

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Okay, you may proceed and begin with your screen.

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Thank you.

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So I think this is a straightforward project, but we'll see how the board thinks and how the community thinks. This is 3107 Clifford Street.

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