civus
Hearing video

ZBA Hearing - May 19, 2021

Philadelphia Zoning Board of Adjustment (ZBA)May 19, 20215h 35m

out of character there's nothing like it in anywhere near here in any type of space like this

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i'm sorry chair okay thank you for your testimony thank you so and it should be rejected i mean i'm

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it just doesn't fit there it's not designed for the it's not designed for anything in this capacity

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it's not thank you very much

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is there anyone else who would like to speak we have one more hand and that's natalia

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She's been unmuted. Please unmute yourself and please wait for the change.

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Hello.

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Hello. Can you put your name and address on the record and spell your last name, please?

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Sure. My name is Natalia. Last name is Sereko. S-E-R-E-J-K-O.

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7301 Germantown Avenue. I'm the executive director of East Mount Airy Neighbors and I just wanted to

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wait one second please do you swear for him to tell the whole truth and nothing but the truth.

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Yes. Okay you may proceed. Thank you. So I just wanted to address the supplemental letter that

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we sent in addition to our January 13th 2020 letter. So I just wanted to reiterate that

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the neighbors are against this variance. In the original meeting, there was 28 individuals

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who voted to oppose the variance with 18 being near neighbors. And one of the things that

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we just wanted to bring up to the ZBA is that we were really disappointed that we weren't

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able to have an official RCO meeting, because we never, with the change of the project,

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we weren't really sure what the new variance request was.

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Respectfully, the variance request did not change.

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We reduced the number of units and changed the plans to address a number of the points

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that were raised in the opposition at the first meeting back in January of 2020.

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we did provide an opportunity.

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My client did attend and made themselves available

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to go to another meeting in addition to the meeting

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that was with near neighbors.

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Right, but we had, you know, January

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right but we had uh you know january 13th was when we sent out the letter in 2020 and there's

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been over a year that the applicant could have reached out to the rco and let us know about the

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changes we didn't hear about the changes until the last cba hearing um on april 7th and then we had

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to schedule something very quickly um and we didn't get anything official from l and i showing

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what the new variances were. So I just wanted to make that clear that without having the actual

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information about what the new variances would be based off of the changes in the project that

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we were very disappointed that that wasn't something that was provided. Thank you for

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your testimony. Is there anyone else? No more hands, Chair. Okay, Matt. Yeah, just a point

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clarification on a few things. The plans that we brought to ZBA, they were a slightly changed

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version of plans that were provided to the RCO back in February or March before the originally

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rescheduled meeting, which we sought a continuance on. The plans that we sent to the RCO in advance

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of that meeting included the four, the reduction of the four units, the change in the widening

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of the dry vial. And I believe there was just a slight shift of the footprint of the homes

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between the original plans that were provided in March to the plans that were provided about a week

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in advance of the last ZBA meeting in April.

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My client's been nothing but transparent

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and willing to work with the community.

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Again, this has been a lot that has been undeveloped

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with pervious surfaces.

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The new yards would add, I'm sorry,

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with impervious surfaces,

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the new yards would add pervious surfaces,

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green to an area that's just been asphalt.

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There have been a number of issues raised that were non-zoning related with respect to the real estate market related issues, I guess we call them that have been raised, that there's other homes nearby with large yards.

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Those are not new construction homes, and given the lot size and the economies of scale required to get new construction started, the number of four single-family home units do work, and respectfully, we just rest on our earlier presentation.

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And just to point out, we did bring to the first zoning meeting, there were a few witnesses who came and testified in favor of the project who were near neighbors.

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That was back in 2020, and that was in favor of the project that had six units, not four.

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They're not here today, but I just wanted to point that out.

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That is on the record.

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And we request that the variance be granted.

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Madam Chair?

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Madam Chair?

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Yes.

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of course the proposed project does it have a street frontage the the uh the the proposed

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project has an existing uh it has an existing curb cut and then the uh the uh and i i can show you if

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i could share my screen again um but there's uh the street um the uh side of one of the homes

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there's a yard that abuts the street, a side yard that abuts the street.

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So no street frontage?

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That's correct.

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Do you have access and egress from the driveways to a street?

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Yes, yeah, it's a shared driveway utilizing existing.

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But do you have two means of access and access?

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One means, and that's what exists there.

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All right, thank you.

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uh does the board have any other questions no planning commission

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good afternoon david vecto f e c t e a u with the city planning commission

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do you swear or affirm to tell the whole truth and nothing about the truth

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I do.

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Okay, you may proceed.

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Thank you.

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Vice Chair Tenari, maybe this was given in a previous hearing, and I just didn't hear it,

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but I do have a note here to ask about trash collection and emergency vehicle access.

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Yeah, I guess with respect to, I may want to get one of my clients to raise their hand.

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Yeah, I guess with respect to, I may want to get one of my clients to raise it.

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But what I can say is the width of the drive aisle does support access, you know, to emergency

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vehicles.

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It meets the streets department requirements.

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And JP, if you can, I believe Joseph Donahue, JP Donahue has raised his hands and he can

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address that issue.

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Mr. Donahue has been unmuted. Please unmute yourself and wait for the chair.

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All right. Mr. Donahue, put your name and address on the record please and

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then I will swear you in. Spell your last name as well. Joseph Donahue, D-O-N-O-H-U-E, 763

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South 17th Street, 19146. Thank you. Do you swear to tell the whole

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truth and nothing but the truth i do okay i wanted to i wanted to say something in addressing the

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previous question about um frontage and egress we have two means of egress we have out the drive

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aisle and to the right of way on the two side of the properties thank you get out of the property

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okay so um and um in terms of um i'm sorry could you reframe this like restate those questions

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Sure. Trash collection and emergency vehicle access.

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Emergency vehicle access, we spoke with the streets department and with someone

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in the planning commission, it's been two years now, who talked about the width of the

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drive aisle being necessarily being 12 feet, but we expanded it to 15 feet to make room for that.

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And then in terms of trash pickup, because it's a PUD, that would just be a part of the PUD

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documentation that would require private trash collection for all of the houses on the property.

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Great, thank you. And a PUD is planned unit development, correct?

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Correct.

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Okay, great. So I appreciate the answers. Vice Chair Tonari, members of the board,

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the comprehensive plan recommends this property for residential single-family use.

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The lot is over 8,900 square feet. If this lot could be subdivided to the dimensions required

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by the code, the applicant could build six row homes by right. Given the unusual shape of the

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lot. We believe the applicant has demonstrated a clear hardship, and we recommend that the board

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grant the requested variance. Madam Chair? Yes. Can I ask the attorney to go back to the site

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plan? Can I take a look at the site plan? Yes, we can do that quickly. Just one moment, please.

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thank you mr monroe all right

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here we go

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here we go mr holland this is the updated site plan with the the four units

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i don't see two means

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just just the site plan not the elevation

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right there

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it looks like a dead end is that am i incorrect

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Jake, so I think maybe Mr. Donahue was answering the question, just egress from the home.

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And your question, Mr. Holloman, I think I was answering what I thought you were asking,

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which was related to the drive aisle. Is that correct?

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Correct. Would a fire truck or an emergency wagon have to back out from the in-house?

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In other words, can it go straight through?

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No, no.

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So it's dead end.

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That's correct.

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And again, I believe that they...

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Thank you.

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Thank you.

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Can you finish what you were saying, Mr. Monroe?

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Yes, I was going to say, I think that that was a question that was raised by Streets and the Planning Commission.

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And that was a while back.

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And they addressed that by widening the drive aisle.

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But there is not a through drive to the street on the other side.

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Are there any further questions?

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No.

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No.

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Okay.

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calendar number three three two six two six five east hoarder street my vote is yes

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are there revised plans with this yes and um yes

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Yes. I'm sorry. We discussed at the start of the hearing, holding it for one week in order for the revised plans to be further revised to include the removal of the pilot house and roof decks.

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okay so we're not voting it strike that and vote it um next wednesday may 26th at 2 p.m

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following discussion and submission of the revised plans with the additional changes thank you

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okay i'm sorry miss aletta could i just ask if the this is closed at this time yes the record

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is a closed except for receipt of the revised plans which reflect changes that have already

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been discussed on the record and if i could i'm not certain but i see a recurring hand

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from attorney leo mulvihill i'm not sure if it's for this case but i will allow him to speak at

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this time just to see okay he put his hand down it looks like okay and if the board wouldn't mind

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i have several continuances just for expediency i'd like to read those in now and then we can

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continue with the other cases calendar number 2336 number three on our number three on our

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front street is being continued number five on your list calendar number 1262 321 east worcester

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street is continued and number 20 and number six on our list calendar number 1577 3519 hamilton

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street is continued now on hamilton street there's a specific continuing state that should

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be announced it's going to be heard july 6th at 9 30. okay hamilton street 3519 hamilton street

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will be continued to july 6th at 9 30. anyone who disagrees with the request for those

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continuances. If so please raise your hand. Chair we have Leo Mulvihill he's been unmuted

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please unmute yourself and please wait for the chair. Good afternoon Mr. Mulvihill please

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identify yourself with record and I'll swear you in. Certainly good afternoon members of

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the board Leo Mulvihill that's M as in Michael UL V as in Victor I H I L L 315 Green Street

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first floor philadelphia 19123 you swear affirm to tell the truth the whole truth nothing but the

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truth i do members of the board this specifically requests uh pardon me addresses the request for

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continuance for 22 22 to 24 north front street that had previously been addressed as a continuance

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request i respectfully submit this should be attorney moving party we are currently in the

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process after speaking with NARS Square Civic Association with respect to our initial proposed

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plans to obtain an amended refusal. So I would like that that just be changed so we can address

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that accordingly once we are able to secure that in hand and secure our community meetings with

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the neighbors. So noted. So MI 2020-0023362222-24 North Front Street, Attorney Moving Party.

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Thank you. And I apologize for the hand waving earlier. I was jumping the gun there. Everybody

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have a good day. No worries. Anyone who disagrees with the continuances that have just been

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read into the record, please raise your hand. I see no handshare. Thank you. Would anyone

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at this time like to request a continuance or withdrawal? If so, please raise your hand.

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Chair, we have Byron Harris. Please unmute yourself, Mr. Harris, and please wait for

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the chair. Please identify yourself with the records by your first and last name, and I'll

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swear you in. Brian Harris, B-R-Y-A-N-H-A-R-R-I-S. Do you swear or prefer to tell the truth, the

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truth and nothing but the truth I do yes thank you please proceed as we're

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related to 4204 Parkside Avenue ZP 2021-001-216 and ZP 2021-001-213

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And ZP 2021-001213-4206 Parkside requesting a continuance because of technological difficulties.

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We could not hold a vote on May 5th, May 12th, excuse me.

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So you're requesting a continuance of 4204 and 4206 Parkside, correct?

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That's correct, yes.

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All right, thank you.

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excuse me um chair before you read the continuance um he is i think this is a third

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party request if you could call the applicant or their attorney and also we did receive a request

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for continuance on the same cases from um councilwoman got the a is mr console available

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yes he's been unmuted please unmute yourself mr console and wait for the chair i believe i'm

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muted. Please identify yourself. Spell your last name. I'll swear you win. Good afternoon, board.

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Joseph Consul. Last name is spelled C-O-N-S-O-L-E. Consul, Madison, LLP. You swear or affirm to tell

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the truth, the whole truth, nothing but the truth? I do. There's a request been made for continuance

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two cases you represent? Yes, sir. We did have the RCO meeting last week. I left before the vote,

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as I was instructed to do. We had not heard from the RCO since then. We are not strictly opposed

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to it, but the property is in bad shape and my client can't come back in September. We have what

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thought was a productive meeting and we have um what we think is a compelling case today um

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so uh we had a similar situation happen with this same rco uh and mr harris who um who also appeared

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and we had the same discussion i believe it was last week when you were away on a different

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property on parkside and um it ended up with us presenting the case but um holding the the uh

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vote until a June meeting. Something like that would be acceptable to my client.

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We're not trying to ram it through, but going to September is not an option he wants me to.

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Is this time sensitive in terms of any financing issues? I might go with this property.

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Yeah, my client wanted to speak on that. Chairman, is your hand up?

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German has been unmuted please unmute yourself sir please identify yourself spell your

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spell your first and last name and I'll swear you in German Yakubov German G-E-R-M-A-N last

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names Yakubov Y-A-K-U-B as in boy O-B as in Victor you swear or affirm to tell the truth

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the whole truth nothing but the truth I do so swear please proceed um so these two properties

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