civus
Hearing video

ZBA Hearing - July 19, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20234h 41m

Charles Richardson, Office of Councilwoman Cindy Bass.

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Councilwoman has no opposition to granting the variance.

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Thank you very much for taking the time to call in.

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Anyone else in the virtual audience?

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Chair, I see no other hands at this time.

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Hi, Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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David Fecto with the 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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This rowhouse was converted to two-family use prior to the issuance of a rental license in 1968.

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The appellant has shown that the legalization of this two-unit dwelling is the minimum necessary to afford relief from the requirements of the zoning code.

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The City Planning Commission recommends the board grant the proposed use variance for two dwelling units.

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Thank you. MI 2022-007-643-1872 Conlin Street, I vote yes.

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007-643-1872, Conlin Street, I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Mr. Knackensen.

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Thank you. Have a great afternoon.

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Thank you. Is there anyone in the audience whose case has not been called from the 2 p.m. list?

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Chair, I see no hands.

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We're going to take a five-minute break,

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let the court reporter get set,

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and then we'll be right back and we'll finish the 3.30 list.

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Thank you, Chair.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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I'm back, Mr. Chairman, thank you very much.

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Thank you.

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You're muted, Chair.

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LaKeisha, everyone back?

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Yes, Chair, and we are recording, so whenever you're ready.

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I'm ready, okay.

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Good afternoon.

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My name is Bill Bergman, and I will be chairing the 330 CBA hearings.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our board member, Thomas Holliman.

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Present, Mr. Chairman.

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And our board member, James Snell.

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Present, Chair.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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A video will be available by contacting TanyaSunkett at philo.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone, if you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question to answer box on the screen is now for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunkett.

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Let's look at our schedule for this afternoon.

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For continuances, number one, MI 2023, 000489, 4400 North A Street, this case is continued.

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Are there any other requests for continuances or any comments relative to that case?

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Chair, I see no hands at this time. Wait a minute, a hand just went up, Chair.

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Okay.

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Rafael Feebo has been unmuted and allowed to speak, Chair.

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

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Good afternoon, Mr. Chairman Rafael Alvarez-Febo. That's R-A-F-A-E-L space A-L-V-A-R-E-Z space F-E-B-O.

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

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I do.

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What case are you involved with, sir?

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I am the lead for the RCO Esperanza Housing and Economic Development who heard the case.

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We sent a letter to the zoning board and the council office regarding 4400 North 8th Street.

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Hold on, hold on, hold on, sir. Hold on just one minute here.

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4400 North 8th.

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Okay, so that's the case we're continuing, sir, right?

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Right. And the attorney had a pressing matter. We're going to continue it.

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Okay. Excellent. I just wanted to know the reason why.

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Sure. Sure. Thank you. And we appreciate you calling in. Thank you.

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Thank you, Chair.

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Are there any other requests for continuance?

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Chair, I don't see any hands at this time.

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Okay. So number six, MI 2023-000-368-5017-Rosehill.

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Michael DeJesus is the owner. We do not have any exhibits. This is the first listing.

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Michael DeJesus, if you're in the virtual audience, please raise your hand.

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Chair, I see no hands at this time.

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So MI 2023 000 368 5017 Rose Hill Street. This case is continued. Mark must be tried.

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rose hill street this case is continued mark must be tried we're going to go to our list

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mr chair um this is hillary um can we just go a little out of order um from what i what i had

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given you can we actually start with number two and then go to hold on one second three and eight

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uh actually do two and four two two and four first mr wards cases thank you sure thank you

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Number two, MI 2023-000-560-3001-73 Arms Street.

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Sean Ward is the attorney.

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We have letter of support from Impact,

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letter of non-opposition from Council Member Lozada.

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Chair, Sean Ward is coming back in as a panelist now.

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good afternoon mr ward good to see you could you state your name please

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and spell for the court sanographer my name is sean s-h-a-w-n-w-a-r-d esquire

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uh attorney for applicant and i would like to thank uh the board for the uh courtesies right

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do you swear or affirm to tell the truth the whole truth nothing but the truth

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every time could you identify your client in relationship to the property

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uh chair could we identify for myself which which case i'm presenting it as a caster yeah sure so

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So it's 3001 to 73 on ORMES Street.

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Okay.

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Orm Street.

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Yes.

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I represent 2410 Germantown Avenue, LLC.

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And with me today is George Groves in the virtual audience.

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And I am attorney for both owner and applicant.

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Our vice chair has just a few questions.

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Good afternoon, counsel.

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do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes. Have you emailed in all the required documents and exhibits that are needed to

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proceed with this case five days in advance of this hearing? Yes. Thank you. Please proceed

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and share your screen. I got it. I got the wrong. Bear with me, Chair. I have the wrong.

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that. Let me stop share. Mr. Chair, are we seeing my Orm Street? That's it. That's it. Yep,

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Mr. Chair, as always, I submit my typical exhibit packet. This is for the property of 3001-73

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Ormes, spelled O-R-M-E-S Street. We're here. There was an application filed for personal vehicle

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repair. They are not permitted in the ICMX district, and therefore, we seek special

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exception approval. A2 is the application of appeal. A3, project information form. A4,

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proof of ownership. As far as tax clearance attached to the packet, we are not tax clear,

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But pursuant to subsequent submissions to Hillary as board counsel, she has advised that we are tax clear based upon representations from the Revenue Department.

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A6 is the site plan.

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A7 are photographs, including posting, the property, aerial views, street views.

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A8 is the RCO letter of support.

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We met with Impact CDC, and there is a letter in unanimous support of the application.

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A9 is a district council letter if submitted.

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I don't know if they got it in.

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But as far as relevant zoning history at A-10, in 2021, there was zoning approval for

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Zoning approval for the erection of an attached structure with 19 garages with accessory parking.

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erection of an attached structure with 19 garages.

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A-11 is the zoning map and A-12 is the aerial photograph.

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Not to belabor the application.

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Hold on a second.

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Mr. Ward, we do have the council person's non-opposition letter.

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Yeah, Mr. Chairman, this comes down to an application. You know, there's 19 garages on this block. And, you know, the owner has had numerous requests for some auto repair facilities in various units.

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Rather than have each applicant go through the process, you know, which, you know, as the board is aware, could wait, you know, could take some time.

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We are seeking a zoning approval that would allow auto repair in these units.

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They are substantial units.

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You know, here's an exterior photo and it's all new construction.

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um as you can see uh you know you know a a a very uh attractive construction and then inside you

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have uh you know various you know large spaces um you know yeah there is residential use on the

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back street but all of the activity would occur in the front of the building which is across

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us from, you know, I submit a non-residential use. So here we are, you know, and then here is the

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impact board meeting, you know, letter, which was submitted to you as chair back on June 6,

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indicating unanimous support uh so you know unless there's anything more that the board

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needs to hear from us um you know again you know it's it's it's in a mixed use uh area

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There is some RSA-5. It's ICMX. And this is the reuse of vacant, vacant ground, you know, that was, you know, in this neighborhood, you know, resulting in a lot of illegal dumping and whatnot.

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So unless unless there's anything more.

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Is your client here, Mr. Ward?

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Yes, he is. I believe George Groves.

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George, if you can raise your virtual hand if you're here.

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I'm here.

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George Groves has been unmuted and allowed to speak.

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

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George, G-E-O-R, Groves, G-R-O-V-E-S.

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

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Yes, sir.

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Proceed, counsel.

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George, you've heard my representations to the board?

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Yes.

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Are they true and correct, to the best of your knowledge, information, and belief?

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Yes.

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And do you adopt them as your own testimony today?

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Yes.

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Awesome.

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Questions from the board?

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No, chair.

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No, Mr. Chairman.

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questions or comments from the virtual audience

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here i see no hands planning commission this is uh this is ron bednar city planning first name

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ron r-o-n last name bednar b-e-d-n-a-r do you swear a firm to tell the truth the whole truth

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nothing but the truth i do proceed sir this property is currently indicated for industrial

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commercial use on the city plan or adopted district plan recommends no change to the existing zoning

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at this location. The applicant's hardship is not supported with evidence of unique physical

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circumstances or condition of the property that would prevent it from being used in conformity

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with the code. Therefore, we recommend the request of variance not be granted.

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um mi2023 000 560 3001 to 73 arms street i vote yes thomas holliman my vote is yes

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james snell my vote is yes ishmael shaheed my vote is yes we're going to number four

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Mr. Ward, you're there too

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MI2023

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000066

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2155 Caster Avenue. You've already been sworn, Mr. Ward, just state your name for the record.

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2155

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Caster Avenue

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You've already been sworn

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Mr.

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My name is Sean, S-H-A-W-N-W-A-R-D, Esquire Applicant's Attorney for 2155 Caster Avenue.

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Could you identify your client in relationship to the property?

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uh my client is sterling paper lofts llc that's s-t-e-r-l-i-n-g paper lofts comma llc

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and with me today is george groves and we have a letter of support from the harrogate civic

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association and they list provisos have has hillary covered that with you

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uh i i believe i submitted to hillary the the provisos okay so uh thank you uh our vice chair

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has just a few questions good afternoon counsel do you agree to waive the reading of the refusal

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and stipulate to its accuracy absolutely have you emailed in all the required documents and

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exhibits that are needed to proceed with this case as in advance of this hearing?

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Correct. Thank you. Please proceed and share your screen.

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All right, Chair, are we seeing my screen as 2155 Caster? Yes, Sterling Paper Lofts.

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Awesome. All right. Thank you so much. Again, for the record, I've submitted my typical

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exhibit packet. This one for Sterling

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Paper Lofts, LLC at 2155

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Caster Avenue. A1 is the notice

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