civus
Hearing video

ZBA Hearing - July 12, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jul 12, 20235h 52m

James Snell, my vote is yes with proviso.

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Ismail Shahid, my vote is yes with proviso.

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Thank you, Ms. Pagan. By the way, you did a great job presenting.

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Thank you so much. Thank you for having me.

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All right. Number nine.

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MI 2023-000-481-1309-E-Sedgly.

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Chelsea Spruel is the owner applicant.

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letter of support from juniata park civic association and letter of non-opposition from

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from Juniata Park Civic Association and letter of non-opposition from Councilmember Lozada.

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Applicant also provided a petition of support signed by 16 neighbors, including seven on the

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1300 block of East Stedgley. Mr. Chair, I have Erica Miller with her hand raised.

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I will promote her to panels at this time.

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hello apologies chair i am here representing the owner of 1449 south 32nd street

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we spoke earlier about missing exhibits we resent them with evidence of having sent on friday and

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again on monday my client is a medical sales person and she has a surgery that starts at 11

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I was wondering if we could get moved out in this. Let me get through this and then we'll make sure we have everything. We'll get right to it. OK, I appreciate that. Sure, sure, sure, sure. Thank you. Chelsea Spruill.

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yes my apologies sir she has been promoted to panelists all right thank you very much could

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you good morning could you state your name and spell please for the court stenographer

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good morning my name is chelsea school c-h-e-l-s-e-a last name s-p-r-u-e-l-l

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

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i do okay so this application is for personal care home in an existing structure

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One referral, the proposed use personal care home requires special exception approval in the RM1 zoning district.

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Our vice chair has just a few questions for you, okay?

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Okay.

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Good morning, ma'am.

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Have you emailed in all the required documents that are needed and required to receive the case?

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I think it's scary.

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Yes, I have.

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Thank you. Please proceed and share your screen.

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Thank you.

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Green button is a bottom.

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That's what I'm clicking on now. Here we are.

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All right. I am seeking a permit for a personal care home in an existing structure.

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okay and i submitted to lni virtually this is the referral

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the application to the zba requesting a special exception the project information form

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a copy of my d there are six uh pages to it by what they were fit for i didn't

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mellow over the entire document though this is the certificate of tax compliance

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The letter I sent to all of my neighbors within 250 feet of my property.

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A couple pictures of the notice I put up near the property.

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This is the front.

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To the left, the right, and some photos of the interior.

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I'll be honest, I'm still owner occupied.

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I'm in a transition waiting for zoning and license and approvals.

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so please excuse the personal effects this is the interior there are three

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bedrooms one bath kitchen plumbing electrical heating the basement the

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exterior central air the roof was recently done so we have a 20-year

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warranty on that these are email documents sent to the RCL I emailed her

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on jayuary 28th requesting a meeting to reply back february 9th with the date of 314 that is when i

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met with the community and had the meeting this is a copy of the support i received from my near

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neighbors i did knock on doors um and i was able to get 16 signatures of support i'm going to talk

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a little bit about personal care home essentially it provides residents uh shelter meals uh

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supervision for individuals either of older age, behavioral, cognitive, or, you know, mental health

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challenges, those that need support, but not nursing care supports, essentially. It is governed

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but not nursing care supports essentially it is governed by the department of human services

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by the Department of Health.

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and it is inspected and licensed via them as well and my specific goals to bring this to

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juliana park is to create jobs affordable housing um there are drawbacks of course the cost of

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programming this is either private pay or those that are receiving ssi in exchange for the services

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Services would include nutrition, housing, transportation, health administration, you know, exercise, supervision, of course, but a lot of it will be tailored towards the client or consumer's individual needs.

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There are some nearby personal care homes in Frankfurt.

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That's the closest one.

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In Philadelphia, we have about 54, but zero in Juliana Park.

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I think there is definitely a need here.

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That concludes my presentation.

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Thank you.

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The rest of the block is residential?

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Yes.

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Are there any multiple family units or anything?

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My side of the block is all family,

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none multifamily across the street

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as a personal care home and business.

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And you have the letter of support

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from the Juniata Park Civic Association

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and also the council person.

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Am I right?

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Yes.

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Thank you.

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Questions from the board?

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no chair thank you questions or comments from the virtual audience

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i do not see any hands mr chair planning commission thank you chair bergman and members

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of the board david fecto with the city planning commission the comprehensive plan recommends a

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change in zoning at this location from residential multi-family to resident residential single

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family. However, as a multifamily zone property, a personal care home is allowed with a special

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exception. The appellant has shown that the proposed personal care home will have no detrimental

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impacts to the neighborhood beyond what might be expected from this use. The City Planning

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Commission recommends that the board grant the special exception for a personal care home.

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Thank you. MI 2023-000481-1309-E. Sedgley, I vote 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. Thank you, ma'am.

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Thank you.

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Hillary, do we have the paperwork we need for that other case?

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Yes, Mr. Chair, we have now received it.

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I'm not sure why we did not receive it previously, but we have now received it.

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And it is complete. The case may proceed.

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What number is it again?

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um give me one second

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um number 13 okay 1449 south 32nd street thank you mi2023 000 725 1449 south 32nd street

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council i think you've already been sworn am i right yes that's correct chair okay um

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Could you identify your client in a relationship to the property?

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My client is Fortuna Abubaker. She's the owner of 1449 South 32nd Street.

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Okay. And our vice chair has just a few questions for you.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents that are needed? Proceed with this case five days in advance of this hearing.

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Yes.

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Yes, we identified that, right? Please proceed and share your screen.

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Thank you.

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Okay, so we're here again on behalf of 1449 South 32nd Street, which is in the RSA 5 District.

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This is a pretty straightforward case. My client, Ms. Abby Baker, is an innocent purchaser of this

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property. The property was fitted as a two-family household in 2019 and Ms.

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Abubaker purchased the property in 2020. Because the property is in a RSA 5

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district, the two-family households are prohibited and a refusal was issued.

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What I will call unit 1 is the first floor of off-the-street unit and unit 2

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occupies the second and third floors. Ms. Abubaker lived in the second unit and unit two

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for a period of time after she purchased it, but her work took her to Chicago,

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which is where she lives now. While she lived there, she rented unit one.

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While she lived there, she rented unit one and had a valid rental license.

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Once she moved out, she began renting both units to do two different tenants.

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One included the same tenant that was originally there in unit one, and then she did short

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term rentals in unit two.

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This is when Ms. Aberbecker received the violation for violating table 14602-1 because the property

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is not zoned for a two family household unit.

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I will show you the background with the deed, the appeal, and here's our refusal.

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Mrs. Abbecker has gone through an extensive eviction process, including filing a court

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filing for the eviction of Unit 1, so the property is currently vacant, and thus we're

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here seeking the variance from Table 14602-1 to allow for a two-family household.

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The property itself creates this hardship because it was fitted as a two-unit household,

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so without the variance, Ms. Abubaker won't be able to get the full use of this property

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and we'll be able to use it for rental purposes and to convert it back to one

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unit household would be a huge cost and a huge hardship to her. I will kind of

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walk you through the units one by one. Here are the external photos from the

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street from 32nd Street this is entering unit two and then this is entering unit

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one here are some photos of the internal of unit to the top second and third

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floors they have separate entrances the bottom here's some photos from unit one

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off of the street which is a studio with one with one full bath it has closets and a full kitchen

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the unit two has two bedrooms and one and a half bath each has a separate front door as i mentioned

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they are separately metered units and um that and then meters can be accessed through the backyard

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there is shared water as miss miss abbecker pays for all water as the landlord

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These are additional photos of unit one. Here's the bathroom. As you can see, it's very modern

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and updated as it was completely refitted in 2019 before Ms. Abu Bakr purchased the property.

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Here are the notice of violation posted on the property. This is a photo. As you can see,

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was captured in October 2019. This is from Google and you can see the second entrance being

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constructed. This is the tax map. Here's a notice to the RCO and our letter of support was at the

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beginning here. Ms. Abubecker has sued the previous owner for over a lack of disclosure

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during the purchasing process because of the issues with the home including

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flooding and unfortunately faulty AC units. Brokers have been going back and

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forth and it has settled because of the immense cost of litigation. Besides that

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cost, she's also incurred expenses from the eviction process, fixing all the

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undisclosed issues and making repairs and then of course this zoning process. The

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use of this property as a two-family household doesn't negatively impact the community.

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And I noticed because of this unanimous support from the RCO for a two-family household.

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I'd like to bring Ms. Aberbaker in from the

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crowd to answer any questions you may have.

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Good morning.

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jason did we share her hand no no yes sir okay he's in um i think she's in the crowd okay

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okay i've allowed them to speak sir hi could you state your name please as bell for the

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court stenographer fortuna abubakar it's f-u-r-t-u-n-a abubakar a-b-u-b-e-k-e-r

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Right.

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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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Proceed, counsel.

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Ms. Aberbecker, were you present for my presentation regarding your property?

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Yes.

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Would you adopt all the information that I shared as your own?

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Would you adopt all the information that I shared as your own?

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I do.

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Is there anything you'd like to add or correct from what I stated before?

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Just that the property has been used as a two unit in the past.

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and i had i i did not suspect i would run into this issue when i purchased it it was listed

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on the mls as two unit all right thank you questions from the board

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questions from the board

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no chair

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questions or comments from the virtual audience

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do not see any further hands mr chair hi planning commission thank you chair bergman and board

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members david effecto with the city planning commission the comprehensive plan recommends

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no change to the residential single family zoning at this location this property was converted to a

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two family dwelling without benefit of permits the appellant then purchased the property once

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illegally converted the city planning commission recommends that the board grant the proposed use

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variance for two dwelling units thank you mi 2023 000725 1449 south 32nd street i vote yes

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james snell my vote is yes ishmael shahe my vote is yes thank you counsel thank you very much okay

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All right. Let's go here. So, number three, MI 2023, 000461, 184 East Willow Grove Avenue.

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Henry Clinton is the attorney. And Hillary, I believe we have another. Steve Masters may

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to come on this too? Yes, Mr. Chair. Okay. Hi, Mr. Clinton, Mr. Masters.

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Morning, Mr. Chairman. Henry Clinton here. Morning. Henry, state your name, please,

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and spell for the court's sonographer of the record. Sure. Henry Clinton, H-E-N-R-Y,

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Clinton, C-L-I-N-T-O-N. Right. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I do. Mr. Masters, could you state your name for the record, please?

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Good morning, Mr. Chair. Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S. Right. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I do. Mr. Clinton, you want to

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start? I understand we have an agreement or explain this, if you would. Yes. Yes, Mr. Chairman,

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we do. Can I share my screen? You most certainly can. You most certainly can. And we do have all

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your records, so we're good. And could you identify who your client is, Mr. Masters? I mean, Mr.

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Clinton. Sure, Mr. Chairman. My client is Andrew Keats, K-E-A-T-S. He's the sole member of the

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LLC, which owns the property. He's an owner, occupant, and a former tenant at this property,

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and he is on the call. Thank you, Mr. Clinton. Can you see my screen, Mr. Chairman? Oh, yeah,

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we're good. We're good, sir. All right. Well, good morning, Mr. Chairman, members of the board. Again,

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henry clinton for andrew keats this concerns a property at 184 east willow grove avenue

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i'll walk through my presentation binder which contains table of contents a1 through a12

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as well as zoning records indicating that there are several multi-family properties in this locale

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