civus
Hearing video

ZBA Hearing - December 1, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 1, 20214h 59m

would be done on the premises. It would be just a clean cafe to provide healthy options for the

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neighborhood. So we did meet with the community and we received a letter of support. It was actually

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a letter of unanimous support. They were very excited about what my client is looking to offer

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to the community and the benefits that it would have here. We are looking to hire local. We're

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looking at about half a dozen employees for this particular project. In addition, this is going to

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be a family-run business. So I find it very excited about this proposal. So here we do have

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a map of the area. Again, we are along R Street and North 2nd Street. Google map view of the area.

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And here we have a view of the front of the property as it is currently. We are looking

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to renovate the property a bit. So we would be changing some of the windows, fixing up the brick

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a bit, adding shutters, as you may have seen in the cover page. And I will just highlight again

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And in our rendering of the property, here we have a view to the right of the property along Arch Street, a view to the left of the property along Arch Street, and our proposed plans and drawings.

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As I mentioned prior, we are looking to renovate the brick here, add more shutters, and pretty much bring the property to its full potential in the best way that we can.

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We are looking also to do a second story addition.

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so here we have the layout for the first floor in total for the interior of the property we have

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a capacity of about 40 individuals we are also going to have outdoor seating that would carry

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about 24 people so again this is going to be a small cafe that will provide clean options

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healthier options to the community no cooking would be done on site and we just have some

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indoor seating available we're also going to be repairing near a fireplace as an interior of the

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property so we're really looking to renovate this in a responsible manner and the second floor would

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be available for employee use so an area for administration a break room as well as a bathroom

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and then here you have a view from that second story addition that we're looking to add

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as well as the exterior of the property and this is the outdoor seating area that would be available

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for that lower-level pathway. And again, we did send out notice to the community regarding this

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meeting. Notice was sent out about two weeks prior to the meeting on October 5th. Meeting was held on

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or two weeks prior to the meeting on October 5th. Meeting was held on October 19th at 5 15 p.m.

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October 19th at five.

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We included the Zoom information, meeting ID, as well as the dial-in, and a copy of our notice of

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referral. Again, it's just a relocation of the lot line to consolidate it to one lot,

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as well as a takeout restaurant that would be truly a cafe in nature. And again, it's a referral,

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so the standard is a bit different here. And our hours of operation would be daily between

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7 to 10 pm so this would not be a late night operation in any way and again no cooking would

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be done on the premises we are required to notify 51 properties here are the list of the properties

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that were in fact notified and our certificates of mailing to show that the notice was sent out

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two weeks prior to the meeting and the deed showing that my client does in fact own this property

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the application for special exception again it's just the relocation the second floor addition

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and the use of the cafe that we are seeking here the project information form

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and certificate tax clearance showing that my client is in good standing

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um i will request that my client bogdan worcinski raise his hand so that he may adopt my testimony

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and they can unmute themselves

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

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Yes, my name is Bogdan Wierczynski. My last name W-I-E-R-C-I-N-S-K-I.

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

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Yes.

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Counsel?

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Thank you, Bogdan. If you could also spell your first name for the court report, I think that would be helpful.

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First name, Bogdan B-O-G-D-A-N.

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Thank you. And Bogdan, did you hear my presentation today?

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Yes, thank you. It was a great presentation. That's exactly what we try to do here.

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I'm involved in clean label food and I would like to introduce clean label products to the city of Philadelphia.

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Thank you, Bogdan. And was my presentation true and correct?

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yes thank you and would you adopt it as your own testimony

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yes thank you thank you so if the board has any questions questions from the board

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no no no

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anyone in the virtual audience have uh want to make comments

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i see no other hands mr chair okay um planning commission mr chair and members of the board

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this property is designated for commercial mixed use in the comprehensive plan and its zoning

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matches that designation given the location in the harvin area that has long served as a

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destination for dining and given the support of the rco there is no reason to believe the impact

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of the proposal will be greater than what we normally anticipate from that use. Consequently,

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staff of the Planning Commission support the request for a special exception.

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MI 2021-003534-219 Arch Street, I vote yes.

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Carol Tenere, my vote is yes. Professor Plaza, my vote is yes.

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James Snell, my vote is yes. Thomas Holloman, my vote is yes.

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thank you thank you

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mi 2020 002851 2421 masher street catherine misner is the attorney nars square homes alliance

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letter of support

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Ms. Missemer has been promoted to panelists.

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Good afternoon.

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Hi, could you state your name and spell for the court reporter, please?

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Yes, it's Catherine Missemer, M-I-S-S-I-M-E-R, 1835 Market Street, Suite 1400, 19103.

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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 thank you the vice chair will have a few questions absolutely hi catherine

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Thank you. The Vice Chair will have a few questions.

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Absolutely.

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Hi, Catherine. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all of the above.

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Okay, you may proceed.

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Thank you.

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Good afternoon, everyone.

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here on behalf of the owner of the property at 2421 Masher Street with an application to add

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six accessory parking spaces. No new construction is proposed as there is a buy right multi-family

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building on this site with 18 existing units. With me today is owner's representative Doug Jordan

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as well as project architect Logan Dry. You have letters of support from both

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North Square Civic Association as well as several near neighbors in your packets.

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And then this is the zoning site plan. This is a through lot that is zoned RM1.

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It runs on both Masher Street as well as Waterloo. Waterloo is a one-way street with

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no parking on either side of the street. As mentioned previously, this site currently hosts

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a by right multifamily apartment building with 18 units. During construction of that building,

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my clients received several comments from the neighborhood that parking was becoming a growing

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issue in their neighborhood. Its scarcity with the addition of not only this project,

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but several other projects in their neighborhood was making it more and more difficult for them

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to park. As a result, my clients have agreed to seek a variance to provide six accessory

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rear access parking spaces on site to help alleviate any of that parking scarcity in the

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neighborhood. As you can see from some of the surrounding neighboring photos, again,

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this is just the existing permit for that by right building. This is a photo of the by right

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building in place, and the rear, and then this is the area where the parking would be.

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As you can see, this is Waterloo Street that is the rear of our building. There are several

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existing garages on this block as well as other rear access parking for homes fronting on both

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Masher and on the opposite side as well. Waterloo is one way towards Cumberland to the north.

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and the current use of both sides is typically for parking on Waterloo.

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This proposal does generate two technical refusals. Again, because this lot is zoned RM1,

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this parking is viewed as a typical surface parking lot would be. So a surface parking

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lot requires five foot landscaping surround to screen it from any public street. So because,

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again, if you pay close attention to the site plan, we're proposing direct access to these

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parking spaces from Waterloo. We are unable to provide that five-foot buffer there. But again,

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given the existing conditions of Waterloo, whereas it's parking the length of this block,

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we don't feel that providing that landscaping really would be appropriate in this case.

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We do provide two five-foot wide buffers on either end to sort of separate this parking from any

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neighboring uses on either side of the property. And then secondly, the other refusal is for a

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dry vial. Again, they're envisioning a large surface parking lot when reviewing something

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like this. So they're talking a 24 foot wide access to these spaces rather than what we're

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proposing here, which is the direct access again from that rear Waterloo Street. We did meet with

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Norris Square, obviously, to discuss this proposal, and it was, you know, a welcome addition to the neighborhood to help alleviate some of that parking stress that they're feeling currently based on, you know, the development in the neighborhood and some of the other issues there.

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So the proposal is consistent, obviously, with the existing condition on Waterloo Street and provides this needed resource that's really becoming a growing problem in the neighborhood.

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The requested variances are the least modification of the code necessary to accommodate this request,

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and they're not contrary to the public welfare, as again evidenced by our letters of support.

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I would just ask that Doug Jordan be unmuted. Doug, can you raise your hand so you can be found?

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Mr. Jordan has been about to speak.

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Hi, this is Doug Jordan.

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Hi, this is Doug Jordan.

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Could you state your name and spell it for the court reporter?

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Could you state your name and spell it for the court reporter?

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Yep, Doug Jordan, D-O-U-G-J-O-R-D-A-N.

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Doug, have you heard my testimony today?

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Can I swear in first?

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Oh, I'm sorry.

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No, that's okay.

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That's okay.

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

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I do.

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Thank you.

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Doug, have you heard my testimony this afternoon?

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Yes, I have.

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Would you agree that it's true and correct?

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Yes, I do.

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Would you adopt it as your own?

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Yes, I would.

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Thank you.

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And we are available for any questions

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the board may have.

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Questions from the board?

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No, Mr. Chairman.

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No, sir.

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Anybody in the virtual audience have comments?

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Mr. Chair, I have some folks with his hand raised.

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I will allow him to speak at this time.

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Sure.

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Mr. Folks.

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Good afternoon. Good afternoon, Chair, members of the ZBA Board. My name is Sloan Folks, S-L-O-A-N-E-F-S and Fire, O-L-K-S, representing the Office of Counseling Maria Quinones Sanchez.

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Let me swear you in first, Mr. Folks.

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Yes.

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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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Thank you.

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thank you the applicant having met with coordinating rco and received a letter of

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support the council member has no opposition to this various request thank you thank you very much

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any other hands in the audience

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no sir that is all planning commission mr chair and members of the board uh the property is

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designated this is mason austin representing the planning commission the property is designated

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for multifamily residential in the district plan and at the time of this application the zoning

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matched that designation off street parking is not required in the zoning designation the

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construction has proceeded without these parking spaces consequently there is by definition no

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hardship that necessitates the building of these parking lots without the required landscaping

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further being the site is less than a block from the market frankfurt line station the proposal

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would impair pedestrian circulation at a location where the comprehensive plan prioritizes non-autonomous

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transportation. However, given the support of the RCO and the council office and the existing

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conditions of Waterloo Street, the staff of the Planning Commission has no objection to the

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granting of the variance. Thank you. MI 2020-002851-2421-Masher Street, I vote yes.

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Carol Tennerin, my vote is yes. Confessor Plaza, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holliman, my vote is yes.

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Thank you.

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MI 2021 003535332 East Tioga Street, RCO Impact Community Development Corporation,

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letter of support, Mr. Nakasim.

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Mr. Chair, Ms. Clementa, Amazon has been promoted to panelists once more.

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Fine.

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Dr. Mann.

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Hi, you've already been sworn.

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The vice chair will have a few questions for you.

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hi clementa do you agree to away the reading of the refusal and stipulate to its accuracy

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have i shared yes i do have you emailed the exhibit packet with proof of ownership tax

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compliance a copy of the refusal or referral photos under plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter yes and we do

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have a letter of support. Okay, you may proceed. Thank you. Can I want to see my screen? Yes.

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Yes. Let's make it a little bit thicker here. So again, today I am presenting 332-52 East

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Tioga Street. During my presentation, I will go through the notice of refusal,

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The letter of support from Impact Community Development Corporation, maps of the area, photographs of the property before as well as current conditions of the property, our proposed plans and drawings, the notice that we sent out for the community meeting, as well as a deed showing that my client does in fact own the property, the application for appeal, and the certificate of tax clearance.

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So first, the notice of refusal. The property is currently sown as I2. My client is looking

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to place a cement plant there. And as such, we are receiving a refusal because it is considered

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And as such, we are receiving a refusal because it is considered intensive industrial use.

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intensive industrial use.

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We did meet with the community, and we received a lot of support from Impact Community Development.

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Specifically, they mentioned that they were excited about the contribution to the growth and revitalization of the neighborhood that the plant would provide.

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My clients are from the neighborhood, and they look to hire individuals from the neighborhood as well.

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So they are very excited about this project, and we are happy that we were able to get the community support of the project.

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So here we have a view of the maps of the area, and I will just point out that this is a very significant lot, over 100,000 square feet.

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And we are fronting along East Tioga, C Street, and East Ontario.

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And we have Rose Hill Street, which is the street that has the closest residential use.

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