civus
Hearing video

ZBA Hearing - August 5, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Aug 5, 20267h 25m

sworn in to adopt some of my other testimony that was not architectural in nature okay

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sir could you please state your name and spell for the stenographer evan e-v-a-n talheimer t-h-a-l-h-e-i-m-e-r

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

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everything i had to state today about your zoning matter yes is it true and correct yes and do you

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adopt this your own testimony yes thank you questions from the board uh yeah i do um first

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first off i just want to say that this is a i thought was a very thoughtful design for that

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corner um i think the um artful use of light windows and airiness to create some outdoor space

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is unique right question what is the material that's used for the fencing in this in the rain

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screen we're looking at using a perforated metal i'm sorry this is the reporter could

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get closer to try to get a little closer sorry uh we're looking at a perforated metal

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okay um the one thing the two criticisms that i have one is on the corner it would be great to see

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some some additional fenestration at that corner right whether it's a window on the first floor

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or something where that kitchen is the second thing is you're only three feet out of the ground

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you've got a nine foot ceiling which puts you six feet below grade i think you could you could pull

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that basement up at least another foot or even more to give you well no you're you're you're at

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three foot you're at three foot you're at you're at three foot above you're three foot one to the

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three foot two right to the top right so i'm saying if you pull it up some more you get even

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some more light and you won't be six feet below grade right um so but but overall in my opinion

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I think it you've done a good job. Thank you. Any other questions?

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I think I would second that comment. That was going to be my comment about the egress wells.

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I think while you've done the best you could with the rest of the spaces, you have two bedrooms

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in that lower unit and they have a very different light quality than the upper units. Does it not

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have such a difference between the two? I think the second question I had was about the sort of,

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guess the front yard or the the triangle um what's it's with where it begins and is there a plan to

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enclose that with a fence and have that be sort of accessible by the tenants i don't so i'll i don't

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think the intention and correct me if i'm wrong jackie is to have it enclosed was more to keep

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because the neighborhood appreciated that tree there and it's just to respect that open area for

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then more so for the neighborhood we talked with the neighborhood group about that quite a bit

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there was you know do we fence it in but then if we fence it in people are just going to throw

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things in it um do we differentiate the sidewalk there to somehow sort of like pay homage to the

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fact that it's still part of the property and um you know the neighborhood didn't have a really

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strong like you you have to do this so i think for now we're keeping it open and you know it's owner

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you have to do this so i think for now we're keeping it open and you know it's owner operated

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operating

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building so over time maybe that'll develop into something different depending on how the community

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ends up using it i think the only thing i was thinking is that like while you did the best you

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could it's a very small shared yard um and so to be able to have the tenants be able to also use

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that front portion if they needed to then you have two differentiated spaces so just to clarify it's

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a shared yard the yard is for the lower unit gotcha first floor unit got it and here are the dimensions

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board member when uh you know for the six feet eight inches at the tip and then maybe 10 feet

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maybe 11 feet there at the other when it touches the building okay is the plan to i know um you're

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losing that tree that is beloved by the neighborhood are you replacing it with other

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trees is that the trees are along the side yes we are um we will have at least three trees

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um but of course we'll get as many as they'll let us have okay thank you questions from our attorney

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not at this time mr chair comments from the virtual audience i see no hands chair planning

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commission thank you chairman and good evening david fecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the r5 residential

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potential single-family zoning at this location the city rezoned this neighborhood in 2016 in

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accord with recommendations in the comprehensive plan at this time this block at that time this

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block had been zoned single-family since 1978. this is an oddly shaped triangular lot at 960

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978 square feet this lot is only slightly larger than the 960 square feet minimum size required in

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rsa 5 in the fifth council or seventh council district sorry uh there is no unique physical

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condition or circumstance that prevent it from being used as single-family dwelling

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however the lot's shape and dimensions would lead a reasonable person to believe

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the dimensional relief would be required to enable its use so the city planning commission

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recommends the board grant the proposed dimensional variances but deny the proposed

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use variance for two dwelling units so mr chair i would state again that because of the regular

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shape having a single family lot it would be very difficult to design it that way it is a corner

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property there's nearby multi-family uses and i think given the unique architecture here i think

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it's something that we should embrace uh for this project thank you mi 2026 001 768 1648 cad wall

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cadwalter street i vote yes michael johns my vote is yes cheryl gaston my vote is yes

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tenetta graham my vote is yes ryan mcadams my vote is yes all right so alan you were right

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it was a good presentation and it was great thank you looking forward to it being built

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all right and it was the scale alan

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yeah come on i thought you were gonna you didn't work yourself in there i don't i was looking for

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that like everybody's laughing we love when you work yourself into these things

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all right 601 devro avenue joseph vaqueira

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and then we'll come back and we're going to take a break

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Mr. Vaccaro

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Mr. Vaccaro has been allowed to speak okay thank you hi Mr. Vaccaro sorry we took a while to get

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back to you we had a few here okay not a problem all right um you've been sworn in am I correct

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yes I have and this is a resumptive here and we want to update about where you stand right

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Right. And if I could just start sharing my screen, and with the board's indulgence, if I could just stay off of video, I guess, as it may have happened.

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Just to get it to work, that's all.

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Right here, just to get it to work, exactly. If I could, where is the, where's the button now to share my screen? It was right here.

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it should be there it should be there I don't see I see transfer to room settings show captions

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transcript Q&A raise hand and chat oh good god

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oh okay

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Oh, okay.

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Now that I'm a panelist, I should be able to share.

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Okay, can you see the post?

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It's coming up.

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It's coming up.

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Okay, fine.

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So very briefly, I'm just going to scroll straight down and zip through. Here's the posting, the most recent posting that was done on the property, as well as some additional photos of the area.

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Previously, there was a shed and a bunch of other materials. Melody has removed the shed from the property, as well as most of the material. She's cleaned it up to make some additional space.

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And here are some revised plans that go to board member Wynn's concern that was raised about parking. I could zoom in on that area.

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so my cursor well here it's labeled Bingham Street so the traffic would go in the direction

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of the arrow make a right turn this shaded rectangle is is a vehicle that would be a

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representation of a vehicle turning right and then turning right to the area right under the

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existing rear deck, which would be above. If I could zoom in some more, it would be eight foot

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wide by a 16 foot, 16 and a half foot vehicle that would be able to park in that area. Then

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in order to leave, it would back out into the alley, just follow the arrows, and then we're

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following the arrows back onto Bingham Street or go through the alley over into the next street.

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If I could stop sharing this and then I could also show a rendition of what we hope

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the project would look like at the end of everything should the board grant this variance.

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here you go so here's the rendition here would be the completed deck after the reductions yep okay

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so that's on Bingham Street side the roofing material has been removed then the deck has

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been reduced in size there's space for vehicle but obviously the plan shows the vehicle in the

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uh parked in the area under this other deck again with the roofing material having been removed

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i'll show you another view here's another view here's another view from bingham street

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another view from bingham street and here's the view from the alley so with that uh i understand

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that the board still needs to have a tax clearance certificate my client would work as expeditiously

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as possible to get that tax clearance certificate and we would hope that the board grant us the

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requested variance and we thank the board's questions from the board grace and courtesies

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so where is this parking supposed to be not as you're showing in the rendering you said but in

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other space right my cursor is floating over that area it's right under the

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existing deck in the rear two cars here oh one or two cars obviously the the

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there's ample parking there's ample parking on Bingham Street as well as

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Devereaux however the the renditions they do show that there's space for one

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spot over here and another spot over here and where's the curb cut oh there's already an alleyway

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in the back ms graham okay so what you're showing here is that you don't you don't need a curb cut

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or where are the pictures this is the rendering where's the well the pictures i've already uh

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the pictures at our earlier hearing, there's already an alleyway in the back

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that provides for parking for the whole block. So there's already a curb cut on

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the alleyway. I could show you that if I'll stop sharing this and I'll

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go back to the to the other photos that I showed.

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here we go so here's there's already a curve

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cut over the shaded rectangle a little bit since i saw this so i'm just okay no that i understand

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i understand so so the curb cut would be right over here goes to the alleyway we don't we don't

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see anything further down at the other end of the block ah okay do you see it now

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I see the, I see a plan. I don't see. Okay. So, there's a curb cut over here. There's a curb cut immediately to the left of the rectangle, which is a representation of the vehicle. If I could scroll up, further up, I'll show you some other photographs. Let's see what we have here.

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there's a curb cut immediately to the to the right okay the right of the photo

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which is what is which is what exists now

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okay thank you my pleasure the questions on the board i just want to have a question because i'm

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I'm comparing photos and the photo you have is different than what is in Google Earth and Google Maps, which is from not even a year ago.

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So I just want to confirm that there was demolition done by your client for the shed at the rear of the property, and that there will be further demolition of the enclosed rear addition on the second level.

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right here we we do need to have a permit to demolish all the high sections of that white area

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i just want to clarify because right now your rendering is different from your drawing is

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different from the photos is different from google maps well the photos are showing what's going on

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now that rendering is the is at the end of everything sure but the rendering is also not

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correct to the drawing so it's also misleading so um and without a demolition like a cleaned

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demolition plan it's and with all all of this being overlaid on a single zoning document it's

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hard to decipher so what we are going to put back is there'll be the one surface parking lot the one

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surface parking lot is going to be covered by the by the replacement rear deck and that is what

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you're indicating for the parking spot because you're you've correct okay and i do just want to

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point out because i know you said well another car could fit there and your drawing shows that

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it shouldn't be able to fit like based on the width you should not be able to fit another car

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there also based on the structure and where you showed the structure to support both uh now that

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the decks are split uh you should not be able to fit another car there against the fence

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and still have clearance all the questions

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we're not voting today anyway questions from our turn of our attorney um not a question but

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mr verkauer we're gonna need revised plans um in order to vote on this as well um because

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i see that the the side the deck on the side has been shrunk from the original plans also the

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covering that was originally proposed for it has been removed as well so those things need to be

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noted on an updated set of plans and submitted to us with a proviso form before the board can vote

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on this okay um just for the record if those were submitted at the last hearing i'll just resubmit

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them again along with the proviso form okay yes so we might not we yes and they need to match the

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set that was submitted to lni which looks like to be about four pages understood yeah all right

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questions from the virtual thank you i see mohan's chair planning commission thank you chairman and

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good evening david vector with the city planning commission chairman and board members the

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comprehensive plan recommends no change to the rsa5 residential single family zoning at this

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location the city rezoned this neighborhood in 1975 and a council supported map change

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There is no unique physical condition or circumstance that would prevent this property from being used in strict conformity with the zoning code.

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The City Planning Commission recommends the board deny all proposed variances.

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Okay, so we're holding the vote on this, right?

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We're not going to give it a date, right?

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Once he, and everything's closed, right?

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Except for what he's turning to you.

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Well, we do like to put dates on things.

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Oh, sure.

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Yes. So, Mr. Recaro, do you think you could have the plans and taxes?

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um Mr. Vaccaro do you think you could have the the plans and taxes issues addressed by September 2nd

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absolutely okay so we'll schedule this for September 2nd at 2 p.m all right thank you very

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much thank you thank you thank you all right number 12 MI 2026 002 329 6409 Woodland Avenue

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Darlene Threat is the attorney.

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A letter of support from Southwest

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Consortium of RCOs.

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We're going to take a break.

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Good evening, Commissioners.

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It's Darlene Freed on behalf of the applicant, Mamie Sartney.

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Could you please first state your name as spelled for the stenographer?

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My name is Darlene, D-A-R-L-E-N-E, last name Freed, T as in Thomas, H-R-E-A-T-T as in Thomas.

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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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I have a letter of support from Southwest Consortium, RCO, group.

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our vice chair has a few questions good evening have you submitted your documents and exhibits

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five days in advance of this hearing yes i have and do you waive the reading of the refusals and

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stipulate to the accuracy yes i do okay thank you you can share your screen and proceed with your

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case

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are you able to see my screen it's coming up right you it's up down yep we see it

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uh good afternoon commissioners i'm here representing the woodland produce market today

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My client is Mamie Sardney, accompanied by her son, Dali Confumba.

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A commissioner, as I filed a use application permit to the zone license and inspections to legalize an addition, which was added on to this property.

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I did submit a host of documents contained therein are the syllabus.

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the uh commit application refusal the appeal property information form the deed general

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property information tax information plans pictures proof of mailing he has letter and

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i did supplement my presentation today with the letter i got from the 34th ward this morning

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Commissioners, my client purchased this property back in 2021. She had the opportunity to work

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here for many years, and then she had the opportunity to purchase it in 2021. Immediately

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after she purchased it, she started getting broken into this property. She had her freezers

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located in the rear of this property and they were um enclosed by a fence uh after her property uh

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got broken into several times she did hire a contractor to enclose the freezers in the rear

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once the contractor began work uh ellen i came by and indicated that she needed a permit to get this

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work done. Unfortunately, the contractor led her to believe that he had actually gotten a permit

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and came back and finished the work. Thereafter, she got a zoning violation, which is why we're

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here in front of the zoning board today. Commissioner, this is where the property sits

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on the block. It's called Woodland Produce Market. It's on Woodland Avenue in the Commercial

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district right next to it is a cousin's food market and to the other side of it

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is a Jamaican restaurant if you look at this little layout here you'll see

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