civus
Hearing video

ZBA Hearing - June 9, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20263h 6m

Entonces, ¿esa otra fotografía que vi no es que estaba cortada la cera ni nada?

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No.

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No.

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Muy bien.

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Gracias.

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Preguntas de nuestro abogado.

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Ok.

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Preguntas o comentarios de la audiencia virtual.

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Good morning.

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This is Dana Dabney and I will be your co-host this morning chair and I see no hands.

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Thank you very much.

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Muy buenos días.

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¿La Comisión de Aplanación?

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Good morning.

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Liz Fuseli, L-I-Z, last name Fuseli, F-U-S-E-L-I-E-R, with Philadelphia.

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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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Please proceed.

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Muy bien.

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The conference of Clinton recommends no change to the RSA3 residential single family attached zoning at this location.

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Muy bien, entonces, yo soy Liz Fusley y esto es lo que yo considero, la Junta Comprensiva recomienda que no se haga ningún cambio según la zona, según la ley de zonificación de RZ3 de uso de una sola unidad familiar.

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recommendations in their comprehensive plan la ciudad rezonificar rezonificó este vecindario

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La ciudad rezonificó este vecindario en 1971 de acuerdo a las recomendaciones en su plan comprensivo.

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No hay ninguna circunstancia física única o condiciones de la propiedad que la propiedad

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The City Planning Commission recommends that the Board deny the proposed variances for fence height and opacity.

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Thank you.

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rechace las varianzas propuestas para la altura y opacidad del cerco mi2024-005-972-4530

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Blankiston Street, I vote yes.

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M-I-2-0-2-4-0-0-5-9-7-2-4-5-3-0,

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Calle Blankiston, yo voto sí.

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Cheryl Gaston, my vote is yes.

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Cheryl Gaston, mi voto es sí.

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Tenetta Graham, mi voto es sí.

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Tenetta Graham, mi voto es sí.

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Ryan McAdams, my vote is yes.

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thank you sir for coming in you have your your votes thank you thank you interpreter thank you

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very much for your help we appreciate it it's always a pleasure see you next time your honor

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okay we're going to move on to number four mi 2025 001 462 2245 north 17th street this is a

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resumptive hearing vernon anastasio is the attorney

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morning mr chair members of the board morning good morning council could you please

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state your name and spell for the stenographer. Yes, it's Vern Anastasio, A-N-A-S-T-A-S-I-O,

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on behalf of Mr. Rudy Tafani. Okay. Do you swear or affirm to tell the truth,

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the whole truth, and nothing but the truth? Yes, sir. Council, this is a

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resumptive hearing. We'll go to you first for supplemental information. Then we'll have

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questions from the board. We'll go back to the public with limited testimony relative to what

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you say today and then we'll see where planning is okay so why don't you thank you yep initially

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this was for an application for a three-family dwelling and we did present our plans there were

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a list of items that the board had asked us to address and we have done so as the plans show

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we have eliminated all basement bedrooms and we shrunk the bath in the basement

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to a half bath instead of a full bath.

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We have dedicated trash areas for each of the units.

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Interior, as you can see here, where my cursors are.

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Over here, over here, and of course in the rear.

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And we've reduced the first floor unit to a one-bedroom unit.

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We'll have a little home office and some flex space in the basement.

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Okay.

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That was the totality of the of the requests and the, the issues that the board brought up. Sure. And questions from the board at any time that the RCO ever get back know about notice notice of these new plants or or not.

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We sent the revised plans to the RCO and there's no word back from them. No, ma'am. Okay.

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other questions but questions from our attorney

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um just to confirm the roof deck that was originally proposed um in these plans that

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has been eliminated correct that's correct and that was per the rco itself okay all right thank

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you questions or comments from the virtual audience i see no hands chair planning commission

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planning commission good morning liz fuzely on behalf of the planning commission the

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good morning liz usually on behalf of the planning committee

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comprehensive plan recommends no change to the rsa 5 residential single-family zoning at this

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location the city rezoned this neighborhood in 2014 in accordance with recommendations

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in the comprehensive plan at that time this block face was zoned rm1 residential multi-family

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we are aware of several two to three bed three unit buildings but the majority of

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Homes on this block face are single family, the city planning commission recommends that the board deny the proposed use variance for 3 dwelling units.

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So, chair, just as a brief reminder, my client, my client purchased this this was RM1. He had invested the time and the energy to get to get going and then found out later that the zoning had changed.

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It's also lots of uninvestment on this block, so the density is actually needed.

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Thank you.

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MI 2025, 001-462-2245 North 17th Street, I vote yes with proviso.

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No household living in the basement, no roof deck or roof deck access to the structure.

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Cheryl Gaston, my vote is yes, with provisos.

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Tanetta Graham, my vote is yes, with proviso.

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Ryan McAdams, my vote is yes, with proviso.

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Paya Nguyen, my vote is yes, with proviso.

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Thank you.

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Thank you, counsel.

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We're going to go to number six and seven.

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mi2025007194209 wadley street

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and number seven here is

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and number seven is mi 2025 007 534 211 east wally street council could you state your name

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and spell for the stenographer good morning mr chairman and members of the board adam laver of

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blank rome on behalf of wilde street partners llc and its principal henry siebert s-i-e-b-e-r-t

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mr siebert uh was with us for the first hearing in person he's participating virtually uh this

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

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yes chairman bergman i do council yes uh

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Chairman and members of the board, I am Travis Niffin, attorney with the streets department.

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Excuse me, this is the reporter. I am not hearing counsel.

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Counsel, just get it a little closer to you. That's our floor.

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All right. I'm Travis Niffin. Niffin is K-N-I-F-F-I-N. I'm here on behalf of the streets department.

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You swear or firm to tell the truth, the whole truth, and nothing but the truth.

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I do. Okay. So I guess for the both of you, we were debating this morning exactly where we stand

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and we believe you're up to the point where questions from the board. Is there anything else?

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Mr. Chairman, that's where the board left it at the last hearing.

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We'll start. Questions from the board.

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Okay.

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Questions or comments from our attorney?

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you know not at this time Mr. chair questions or comments from the virtual audience I see no hands

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chair planning commission good morning Liz Fusely on behalf of the planning commission

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community sorry take your time correct

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the comprehensive plan recommends no change to the rsa 5 residential single-family zoning

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at 209 or 211 east wilde street the city rezoned this neighborhood in 2015 in a community requested

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sorry in a community requested map change and in accordance with recommendations in the

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comprehensive plan accessory off street parking is a common condition on this block face

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however as we've stated in other applications the city cannot guarantee that a compact vehicle

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will always park in this space a full-size vehicle would overhang the sidewalk and impede pedestrian

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access the city planning commission recommends that the board deny the proposed variances

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for this application.

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for this application. Okay, so we sat and debated this morning where we were to be now.

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Okay, so

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we sat in

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How about if each one of you take two minutes to summarize? Is that two minutes enough?

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I think that that's achievable, Mr. Chairman. So why don't we go first here and then we'll come to you.

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Very good. Mr. Chairman and members of the board, this case is in my 25 years or so

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before this board highly unusual to uh to have the streets department sitting in the other chair

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there is a process uh under the city code and the rules of municipal government

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for the streets department's independent review of applications and we have

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cooperated with that and shall continue to cooperate with that through the process appeals

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for example of the streets department determinations are not before do not come before the zoning board of adjustment.

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We have heard the planning commission speak about the nature of the neighborhood, and the board will recall, although it's several months ago that the entire side of this block is single family residential.

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We have shared with the board that we have a young family that cannot wait to move in to this home with their children and be a part of a thriving community, and we have the coordinating RCO of record in support and noting extensively in its support the need for off-street parking and the constrictions on this particular block that we are not taking away public parking.

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additionally this board uh let's let's hone in on the issues that are before the board the legal

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issues this board determined hardship at this site uh in 1987 when the board granting variance

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relief for residential development along the entire span of this side of uh of willdy street

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from shaka max and through to day street this is really simply coming before the board due to a

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subdivision and construction of new homes in place of a prior residential dwelling the board also

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noted uh or the record i should say indicates that the 1987 plans included the requisite streets

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department approvals for the entire block nothing has changed here mr chairman and members of the

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board nothing at all the proposed zoning site plan that we've presented is consistent with

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the conditions along the street the plan conforms to what had previously been approved by the zoning

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board of adjustment by the streets department and in fact uh with the recommendation uh according

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to the records that i've reviewed of the philadelphia city planning commission

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surface parking is prohibited that's that's a refusal uh we see the conditions that show that

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this is within the scope of what's along the block it is not different that's factually quite

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important in addition to this board having found hardship before similarly the proposed parking

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not being accessed from the front street every home along shaka maxon street today's street

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along willie has documented front uh loaded parking on this side and we saw that there are

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some instances on the other side as well the street is narrow there are existing curb cuts

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there is a prohibition uh effectively on viable on-street parking we also saw in the immediate

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vicinity uh wrapping around the street other examples but most importantly let's step back

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for a moment and i'll and i'll end with this let's step back and and look at this site we are not

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talking about a high intensity use we uh we are talking about single family low impact and that

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mr chairman and members of the board i would submit is why we have the support of the community

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and extensive support of near neighbors thank you thank you council yes members of the board thank

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you do me a favor just make sure the mic is close to you sure members of the board thank you perfect

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uh going on two and a half months ago i think we gave our opening statements and i'm going to say

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something similar to what i said then you know streets department while it may be somewhat

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procedurally unusual the streets department has a home rule charter and city code empowered right

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to perform its own review and in this case mr siebert and mr laver point out that there's a

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1980 they bring up a 1987 document that yes it's real yes it's signed off on by the zba by

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yes it's real yes it's signed off on by the zba by lni by streets but it's also true that that

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that document created certain rights for property owners but those rights were not exercised and

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under 14 303 of the city code if you don't exercise a right you lose it and mr mr labor

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also repeated just now and and about two months ago that nothing has changed nothing has changed

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Well, in fact, a lot has changed, right? Not only do those rights no longer exist, but more importantly, the site has changed.

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You know, it wasn't until 1990 that the ADA was passed and then sometime after that, we built this, somebody built this ADA ramp.

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There are utility poles on the site that were not there previously.

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And the state of the art of traffic engineering has changed streets now has a policy of not recommending of not permitting curb cuts that are less than 75 feet from an intersection.

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This one is a matter of like it's about 5 feet.

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Mr. labor also points out that there is an aesthetic theme going on in the neighborhood with I guess one curb cut per home, and maybe 2 spaces per home.

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um that's a question of visual harmony but what streets reviewed here was the safety

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of putting in a new curb cut one that did not pre-exist one that was never built

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pursuant to the rights of the 1987 um approval and one that presents new site-specific safety

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challenges. And so for that reason, my client, the department believes it is unsafe for an

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additional curb cut to be built so close to that intersection. Thank you. Okay. I want to thank

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the both of you for your presentations. And let me say that I certify that I've watched the video

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from the prior hearing and also read numerous pages that Hillary sent me of notes from the

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meeting. So what we're going to do is we're going to vote on this next week.

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Next Wednesday morning, we'll vote at 9.30 a.m.

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Okay. Thank you, Mr. Chairman, members of the board.

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Thank you both of you. All right. Should the board require any additional

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information, we're happy to provide it. Right. Thank you. Thank you.

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Okay.

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Number one.

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Thank you. Number one, MI 2021 004-541-251 Ripka Street. David Orfanides is the attorney and Joshua Griner is also representing the Protestants.

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Good morning. We'll start with David. David, could you please state your name and spell for the stenographer?

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There we go. David, last name is spelled O. R. P. H. A. N. I. D. E. S.

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Do you swear or affirm to tell the truth, the whole truth and nothing but the truth? I do. Council, could you do the same? Yes. Good morning, Mr. Chairman, members of the board, Joshua Grimes, G. R. I. M. E. S. Right.

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And I am representing the Heritage Place Owners Association.

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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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Okay.

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So obviously there's been a lot of testimony that we've had in the past.

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Our records indicate, David, that you will have your client adopt your testimony at this point.

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Does that sound right?

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I listened to the recording and it was a little hard at the end.

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So one was to adopt, and the second one was, there was another point where I said he was going to speak to his involvement in the appraisal.

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I think there were two things that I said. It was a little hard to hear.

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We'll start there, okay?

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And then I understand where you'll then put on your presentation, am I correct?

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Or you did some of it, I mean, but...

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No, Mr. Chair, the first hearing that we did, I did...

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got your presentation but you had your clients that were sitting here you wanted to get them

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done all right yes that's correct unless the board you know i'm certainly welcome to answer

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questions nope nope nope quit but you're pointing your finger well i'm not pointing at anybody in

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particular so i'm kind of doing doing more like this bill clinton but um the uh i think we were

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but um the uh i think we were finishing with my my uh my witnesses but i still wanted to run through

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