civus
Hearing video

ZBA Hearing - January 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jan 29, 20256h 11m

This meeting is held in person with remote capabilities, meaning that individuals can participate either in person at the hearing room in one parkway building or remotely over Zoom.

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When you are recognized to speak by the board, please state and spell your name for the court reporter and then wait to be sworn in.

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If you're in a hearing room, you must speak into a microphone so that everyone in attendance, including the court reporter, can hear you.

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If you're participating remotely, please turn on your camera and unmute yourself when you are recognized to speak.

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Once you've been sworn in, please state your name each time before testifying, whether you're in person or remote, so that the court reporter knows who is speaking.

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Please mute yourself or turn off the microphone when you're not speaking.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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If you're participating by phone, please call 267-270-5548 to register your appearance by the choice of business the day after the hearing.

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You must provide an email address and the address of the property in question.

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All others can enter their appearance through the Zoom registration.

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For individuals participating in person, a QR code is available to register your appearance.

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For assistance, please see the staff member in the back of the room.

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If you have any questions about how to enter your appearance, please contact RCOZBA at phil.gov.

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If you're in the hearing room, please refrain from talking or engaging in conversation while the hearings are preceded.

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Please note that eating or drinking in the hearing room is prohibited.

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In addition, verbal and physical aggression will not be tolerated.

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If you're participating remotely, remember the Q&A on the Zoom platform is not for comments

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or testimony.

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Any concerns related to the hearing should be directed to ZBA Executive Director at

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phil.gov.

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Before we begin, Executive Director Ian Haggerty has an important safety announcement.

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Okay, thank you, Chair.

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Good afternoon, everyone in the hearing room.

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As always, the safety of our meeting attendees is our highest priority.

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In the event of an emergency, please pay attention to the announcements that come over the loudspeaker, which will provide detailed information.

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If there are no announcements over the loudspeaker, please follow the directions of security personnel or the ZBA staff.

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The main exit, as you've seen, is through the double doors at the rear of the room.

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If an order is given to evacuate the room for any reason, the nearest stairwell is located to the left outside the double doors.

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Just follow the red exit signs.

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if an order is given to evacuate the building for any reason the rally point will be at love park

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directly across arch street from the public entrance to the building please remain at the

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rally point so that we can account for you and a reminder restrooms are located right across from

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the elevators where you came up and a water fountain is just outside the double doors to

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and a water fountain is just outside the double doors to the right.

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the right thank you chair thank you

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Thank you, Chair.

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Thank you.

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So let's look at our schedule.

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Number one, MI 2023, 007-208, 212 Diamond Street.

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That case is continued until 6-8-25 at 2 p.m.

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And number two, MI 2024, 005-237, 2281 Argonne Avenue.

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That case is continued to 6-8-25 at 2 p.m.

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You sure?

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Just for record, state your name and spell it.

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Sure.

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Ronald Patterson, Claire Harrison, all firm, 1835 Market Street.

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

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That number two was your case.

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Am I correct?

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That's correct.

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Mr. Chair, pardon me.

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This is the court reporter.

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I cannot hear Mr. Patterson.

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Is it on, Ron?

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Can you hear me?

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we'll hear you now okay yes thank you sorry i'll sit um so yeah this is a request for continuance

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it is the second one but there's also a request for leave uh to for the board to uh send a revised

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plan back to l and i for review to issue a revised refusal based upon the comments of the local civic

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group the gerard estate area residents okay thank you that's okay thank you and number 10

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mi 2024 006 529 59 77 janet janet street that case is continued till 6 8 25 at 2 p.m

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we're going to start with uh let's go to our add-ons here

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Number one, MI 2024-004-350-2821, Lehigh Avenue.

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I vote yes.

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Temporary variance expires 2-1-28.

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Michael Jones, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Tyowin, my vote is yes with proviso.

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Ishmael Shaheen, my vote is yes with proviso.

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Number two, MI 2024-001-649-7715 Ogons Avenue, I vote yes with provisos.

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Her amended refusal dated 128-25, interior storage of tires.

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Charles, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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My vote is yes with Proviso.

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Ishmael Shaheed, my vote is yes with Proviso.

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Number three, MI 2024-004130-3700-40, Kensington Avenue, this is a request for reconsideration.

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I vote yes to reconsideration and rehearing.

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My vote is yes for reconsideration and rehearing.

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Gerald Gaston, my vote is yes to reconsideration and rehearing.

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Another Graham, my vote is yes to reconsideration and rehearing.

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I win.

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My vote is yes to reconsideration and rehearing.

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Dishmael Shaheed, my vote is yes to reconsideration and rehearing.

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And number four, MI 2022-003-966-5900 Pulaski Avenue.

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This matter was dismissed in error during a 930-A list this morning.

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The matter now has been continued July 9th, 2025 at 930 a.m.

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We're going to go to number five to start.

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MI 2024-006-332-1118 McClellan Street.

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Joseph and Melissa Carter are the owners.

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good afternoon mr chair this is jason hand i will be your calls for the session thank you

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individual in question will be sworn in as a panel shortly thank you

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we see him in the audience

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hello this is uh just hi uh could you please state your name and joseph who's going to do the

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testify uh i will okay could you please state your name and spell for the court stenographer

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Okay. Could you please state your name and spell for the court stenographer?

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Sure.

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Sure. Yeah. My name is Joseph Carter, J-O-S-E-P-H-C-A-R-T-E-R.

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Yeah.

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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, sir.

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This application is for a third floor addition with a roof deck and pile house over an existing two-story single family attached structure with existing garage to remain.

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If abutting lots on both sides of an attached building contain only two stories of enclosed area, the stories above the second floor of the attached house shall be set back an additional eight feet from the minimum distance between the front facades.

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The required setback is not provided.

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Our vice chair has a few questions for you.

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And you do, by the way, have the support of the East Pachon Square Civic Association.

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It's a letter of non-apposition also from Council Member Squilla.

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Good afternoon. Have you emailed in all the required documents and exhibits as needed to proceed with this case five days in advance of this hearing?

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Five days in advance? Everything was emailed in, I think, about, it was over the weekend, I believe, so I think it was four days in advance.

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Thank you. Please proceed and share your screen.

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Sure.

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Hey, can everybody see my my screen here? You can. Okay. So this, these images were pulled from

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the Zillow listing before my wife and I purchased the property in October of 2023.

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As you can see, it's currently a two story home that we're looking to put a third story on top of.

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this is the rear view of the the property with the detached garage

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here's a picture of the zoning notice on the garage with a zoomed out view of that

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here's a picture of the zoning notice on the front front door with a zoomed out view of that

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This is the state of the home before we bought the property, so our plans is to essentially

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revive this property. As you can see, you know, the walls are kind of falling in. It's in pretty

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rough shape, so the plan is to do, you know, kind of a complete gut job in addition to, sorry,

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in addition to building upwards for the third story and the roof deck.

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This is our deed paperwork from Settlement back in October.

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Here's our Philadelphia real estate transfer tax from Settlement.

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This is a rendering from Third Story Philadelphia, who's the company that we're going to be using

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to um to do the work of uh what the property should should look like afterwards

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okay so now we're getting into some of the architecture plans uh here's a side view

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of the entire property um with the rooftop deck in the pilot house

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here you can see the elevation for the third story in the pilot house with the

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with the other existing stories.

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These are just the demo plans for the interior.

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This is just the electrical plans there.

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Elevation from the front and the rear of the property.

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It's just kitchen and bathroom.

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Doors and windows.

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Here's our refusal letter.

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October.

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This is our PIF.

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This was the letter that was sent out to all of our neighbors in the Pasch Young Square area.

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and photos to support that they were mailed out to i think it was about 180 or so

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uh here is the letter from the rco meeting that you mentioned

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uh with their votes

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uh with their votes

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here is the certificate of tax clearance for myself oops second here and then

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and then the tax clearance for my wife melissa here

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um do you have anything else that's everything okay questions from the board

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what's the um your your uh roof height

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we're gonna see if it's on the uh on the drawings i don't know the answer off the top of my head

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can you zoom in we could probably see it uh yep it looks like it's uh

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28 feet one and one and a half inches so that's to the what is that third that's the third floor

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so third floor roof is at 28 feet uh yes okay

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and mr carter are you done michael yep yep mr carter how many other uh houses on your block

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have one up i think there's uh yeah i think there's three three others uh neither of our

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adjacent houses have um the third story but there are other houses on our block that have this

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uh through the same company too by the way

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can you actually scroll over a little bit i'm just trying to see the roof of the pilot house

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actually I have no questions. I have a question. So the adjacent neighbors on your both sides

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are in support of your third story? Yes, they are. Thank you. Any other questions from

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the board? Questions or comments from the audience? Questions or comments from the

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virtual audience? Yes, Chair. I have a hand up from Susan Ponson. I've allowed them to

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speak okay how could you please state your name and spell it for the stenographer

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we were joining shortly mr chair sure

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susan ponson please unmute wait to be sworn in

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okay this took a little longer than i saw suzanne ponson suz susan do me a favor could you put your

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video on oh okay sure sure thanks this is could you please state your name and spell for the

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stenographer suzanne suzanne ponson p-o-n-s-e-n you swear or affirm to tell the truth the whole

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truth and nothing but the truth? I do. Please proceed. Are you a neighbor?

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I had my hand raised from the very beginning. And this does not relate to this case at all.

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But I didn't take it down because I was still waiting to hear. I put it in the chat.

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It has to do with 5,900 palaces. So we've already made it. We're in the middle of the case. I really

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can't answer that now all right is there anyone else in the virtual audience no further answer

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planning commission

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amy boyd with the planning commission amy boyd do you swear or affirm to tell the truth the whole

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truth and nothing but the truth i do please proceed the comprehensive plan recommends a

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change in zoning from the existing residential single family and commercial mixed use but zoning

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to Residential Single-Family RSA 5.

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The appellant has not demonstrated

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that there are unique physical circumstances

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or conditions of the property

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that would prevent it from being used

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in conformance with the zoning code.

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The Planning Commission recommends

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that the board deny the requested variance

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for a third-story setback.

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MI 2024-006-332-1118 McClellan Street,

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I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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my vote is yes my vote is yes thank you you have your votes thank you very much

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Number three, MI 2024-005-323-4317 and 19 Comley Street, Phil Smoker is the enlisted attorney.

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number three mi20

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They'll be rejoining as a panelist, sir.

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all right i'm here phil smoker the attorney for the applicant could you please state your name

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and spell for this stenographer yes philip smoker philip smoker you swear or affirm to tell the

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truth the whole truth and nothing but the truth i do could you identify your client the relationship

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to the property sure i represent the property owner may gal and she should be on here as well

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But she's at home and on Zoom.

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Okay, thank you.

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So we do have a letter of anonymous non-opposition from Wissahick and Civic.

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Yes, correct.

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Our vice chair has a few questions for you, sir.

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