civus
Hearing video

ZBA Hearing - July 15, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Jul 15, 20252h 18m

How many people?

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Yeah.

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We can tell how many people are going to get on by how many people in those lines.

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Thank you.

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We're ready to start.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's ZBA hearing.

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With me is our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Or board member, Panetta Graham.

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Present, Mr. Chairman.

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Or board member, Michael Johns.

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Michael?

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We see you, Michael.

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Okay, so Michael should be on very shortly.

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Our board member Ty Wynn is here, and our board member Ryan McAdams.

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Present, Mr. Chairman.

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Also present is our board attorney, Hillary Emerson, and our board administrator, Lakeisha Dandy.

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A recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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There is an in-person meeting with remote capabilities.

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whether remote or in person if you call to speak you must state and spell your name and then wait

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to be sworn in once you've been sworn in please state your name each time before beginning your

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testimony any person may enter the appearance to become an interested party there are three ways

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you can identify the case property address on your zoom website you can see a staff member or

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you can call the ZBA appearance line. Call 267-270-5548. Leave a message that includes

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your email address and the address of the property of the appealed case. The following guidance is

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for our remote attendees. When directed, you must raise your virtual hand in order to be recognized

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to speak. If you're called to testify, you will be prompted to join as a panelist. Please accept

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the request and turn on your camera. And third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A. Fourth, if you're participating by phone, press star nine

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to raise your hand and star six to unmute. For our in-person attendees, please refrain from talking,

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eating, or drinking during the hearings. Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators. Water fountain is just outside the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and a court reporter.

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In the event of an emergency, please follow the directions given over the public address system or by the staff.

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The main exit is through the double doors at the rear of the room.

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The nearest stairwell is to the left outside the doors.

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In case of an evacuation, the rally point is Love Park directly across.

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Please remain here so we can account for you.

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Let's look at our schedule for today.

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Any requests for continuances?

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Good morning, Chair.

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This is Fatina, and I'll be your co-host for this morning.

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Okay.

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I see one hand, and that's Mr. Vern Anastasio.

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Right.

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Good morning, Mr. Chair, members of the board.

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Council, could you please state your name and spell for the stenographer?

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Yes, sir. It's Vern, V-E-R-N, Anastasio, A-N-A-S-T-A-S-I-O.

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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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Could you give us the status of this case?

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What?

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MI 2025, 000432-5118, North Broad.

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Yes, sir. We're working with some of the immediate neighbors to come up with a plan together.

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And as a result, I do need a brief continuance.

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Okay, thank you.

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Thank you.

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So MI 2025 004-3251-18N Broad Street, this case will be continued to 9-16-25 at 9.30 a.m.

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Thank you very much for calling in.

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Thank you.

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Great.

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And number six, MI 2025 002-546-911 Northeast Boulevard, there is a letter of withdrawal.

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This case has been withdrawn.

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We're going to start with number three.

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Number three, MI-2025-00-318-527-East-Chelton Avenue.

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Alan Notkinson and Alex Goldberg are the attorneys.

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Good morning, Mr. Goldberg.

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yeah he's coming back in as a panelist yeah he's sitting right here we said

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could you please state your name and spell for the stenographer

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alex goldberg a-l-e-x-g-o-l-d-b-e-r-g do you swear or affirm to tell the truth the whole

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truth and nothing but the truth i do um so this is a a resumptive hearing mr goldberg

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um this is the order of uh we believe how this will go updates from the applicant regarding

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plans and layouts questions from the board and council public testimony and planning commission

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will then make a recommendation so could you start your presentation i can

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okay so i am here representing madison ventures phl2 llc um the last time we were in front of

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the board which was on april 30th we had a version of the plans from a prior iteration

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of the project that essentially proposed the enclosure of the front porch that you can see

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on the screen um that's no longer part of the plan and there are the uh the architectural floor

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plans are are reflected to show that so i'm just gonna go right to the plans um the the sort of

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important points of the project have not changed we're proposing a two-family dwelling in an rsa

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zoning classification on a block that the Philadelphia 2035 plan proposes to convert

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to RM1. Under RM1, this lot would actually allow four dwelling units. We're only asking for two.

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This block is lined with multifamily living. There's industrial and manufacturing directly

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behind us. There's a church across the street. Variances were granted for three consecutive

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of triplexes adjacent to us, or not adjacent, but one over. And we're proposing a two-bed,

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one-bath with no living in the basement on the first floor and lower level, just laundry and

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utility and storage down there. And then on the second and third floors, a four-bed, two-bath.

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Both units are over 1,000 square feet, between 1,300 and 1,500 square feet each, so they're

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rather sizable um they'll be self-managed um and um mr chairman and if you'd like to me to sort of

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contain my presentation to that i'm happy to bring my client on to adopt my testimony

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bring your client on um carlos messa should be in the virtual audience

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mr goldberg as we're waiting is there a rear exit on the first floor

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I'd ask my client.

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Yeah, I believe there is more planned to be one.

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I'll ask Carlos once he joins the virtual audience.

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We have a caller, a phone number ending in 3930.

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He's able to speak.

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Please unmute.

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Good morning.

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Could you please state your name?

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It's Bell for the stenographer.

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Caller with the phone number ending in 3930, please unmute.

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You're free to speak.

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You could press star nine to unmute.

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Or try star six caller.

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Okay, can you hear me?

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yes could you please state your name and spell for the stenographer

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yes carlos messa c-a-r-l-o-s-m-e-s-a

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stenographer did you get that

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yes chair okay thank you um do you swear or affirm to tell the truth the whole truth nothing but the

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truth yes i do please proceed counsel hi carlos did you hear my testimony today

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yes and was it true and correct yes and would you adopt it as your own

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Yes. And regarding the first floor, I'm not sure if you heard the chairman's question. Is there currently or is there a plan to be either either or a side exit from the first floor or a rear exit from the first floor or both?

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yes and regarding the first floor i'm not sure if you heard um the

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uh there would be a back exit entrance at the back in order to enter the backyard okay

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thank you carlos and one yeah go ahead one more note i forgot to mention for the board um you know

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we do have a small side yard that has access to the rear and we'd agree to a proviso for trash

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stored in the side yard all right questions from the board does the basement only um have access

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for the first floor unit because i do see that there's a front facing door yeah there's a there's

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a door that exits directly out to the front that's sort of but only the first floor tenant it's gonna

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have access okay all the questions from the board yes where is this rear the rear i believe this is

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sliding door back here the rear exit is out of this bedroom in the back oh okay um i'll i'll leave

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that to uh board member johns uh and then uh on the uh for the second unit the first floor of it

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um my pet peeve where you have to go from the bedroom there in the back through the kitchen

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and the living room to get to a bathroom is that what i'm seeing there i back here yeah yeah so um

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oh you're saying for that person to get to the front to go to the bathroom yes um i mean

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it's a large kitchen living space and dining area i think it's probably feasible with the

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square footage about a 1500 square foot unit to put a bathroom in there i think that's reasonable

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yeah yeah i i really have a problem with that whole idea that you have to kind of get up in

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the middle of the night and wander through the kitchen and the bathroom the kitchen and the

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living room to get to a bathroom that's fair okay thank you other questions on the board

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do both tenants have access to the rear yard since there's access on the side yeah so there's

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and i'll go to a front facing photo okay there's a there's a gate here um that goes directly through

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the side yard and into the rear and we'd have you know depending on what sort of trash storage

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container we get uh it would either go in the rear or in the side obviously we don't want to

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you know interrupt passage from front to back but that's where we'll have the trash door where are

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the pico meters currently located i believe in the basement and there's a there's a plan for

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utility room direct to that door through that door into the you know from the front of the facade

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so are the utilities for the pico for the second floor also going to be that's my understanding

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okay just the suggestion i would make the utility room close so that both tenants have equal access

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to that space if they're both going to have their utilities okay down there meaning sort of seal this

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off and it just be a standalone space yeah all right any board more board members

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questions or comments from our attorney?

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Just a quick clarification. There's no

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parking at the property, is this correct? Okay. So then there was a refusal

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missing for accessory parking since it's RSA 3. Okay. Thank you so much.

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Questions or comments from the audience or the virtual audience?

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Chair, we have Charles Richardson.

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Good morning, Mr. Chair.

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Good morning, Mr. Richardson.

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Bright and early for you today.

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Yes, sir.

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Could you please state your name and spell for the court's sonographer?

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Certainly.

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Charles Richardson, R-I-C-H-A-R-D-S-O-N, Office of Councilwoman Cindy Bass Room, 508 City Hall.

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

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I do.

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Please proceed.

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The Councilwoman has no opposition to granting the variance.

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Thank you.

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anyone else in the virtual audience or the current audience

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one more thing mr chairman i believe it was on the record at the last hearing but we do have a

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letter of non-opposition from the rco okay sure yeah i see no hands here planning commission

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amy board with the planning commission amy boid do you swear or affirm to tell the truth the

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whole truth nothing but the truth i do the comprehensive plan recommends a change in

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The Comprehensive Plan recommends a change in zoning at this location from the existing Residential Single Family, RSA 3, to Residential Multi-Family, RM 1.

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zoning at this location from the existing resident

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The proposed two-family use would be allowed under the recommended zoning.

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The Planning Commission recommends that the Board grant the requested variance for two-family household living.

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Thank you. MI 2025-000318-527 East Cheltenham Avenue, 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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um tie away my vote is yes

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okay that's it where you have your vote so we're going to go to number four

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mi 2025 000 415 832 winwood road alak sakalov is the attorney

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Mr. Chair, Mr. Fellis is here to present the resumption hearing on this case.

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What's that?

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Gabriel Fellis is here to present the resumption hearing on this case.

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Counsel?

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Good morning, Chair.

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Good morning. Could you please state your name and spell for the stenographer?

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Gabriel Fellis, G-A-B-R-I-E-L. Last name is Fellis. F as in Frank, E-L-L-U-S.

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Do you waive the reading of the... Oh, I'm sorry. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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And counsel, so this is a resumptive hearing?

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Correct.

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We see is applicant will present supplemental information.

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There'll be questions from the board, public testimony, and then a planning commission

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recommendation.

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Could you please proceed?

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Sure.

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Do you guys see the notice of refusal?

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We do.

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Great.

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Thank you, Chair.

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So Rarita is seeking the approval to legalize the existing use of the property as a four-family

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dwelling i just wanted to remind the board the current owner bought the property in its current

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