civus
Hearing video

ZBA Hearing - May 15, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 15, 20245h 20m

Here we go. Number one, MI 2022-006-919-424-428 Belgrade Street.

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all all will be voting on this i vote yes with proviso pair amended refusal dated 5-3-24

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maximum four lots thomas holloman my vote is yes with proviso james snell my vote is yes with

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proviso ishmael shaheed my vote is yes with proviso number two all will be voting on this

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Yes, MI 2023, 007, 001, 632, Devereaux Street.

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I vote yes with proviso.

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Maximum two dwelling units.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Ishmael Shahid, my vote is yes with proviso.

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Three, MI 2022-007-225-6644 Linford Street, I vote yes. Everyone's voting.

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

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Ishmael Shahid, my vote is yes.

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Number four, MI 2024, 000907, 4913 North Lawrence Street. I will be voting,

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I will be voting, Ishmael will be voting, and James Snell will be voting.

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A.J. Mel will be voting, and James Snell will be voting.

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I vote yes with proviso.

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Per refusal dated 5-9-24, temporary variance to expire 5-31-27, commercial trash pickup, hours of operation, business open Monday through Friday only, closed on Saturday and Sundays.

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James Snell, my vote is yes with Proviso.

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Ishmael Shahid, my vote is yes with Proviso.

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Thank you.

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And number five, I will be voting, Ishmael will be voting, and James Snell will be voting.

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MI 2024-001-065-141 West Susquehanna Avenue.

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I vote yes with Proviso.

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Her refusal dated 5-8-24.

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James Snell, my vote is yes, with proviso.

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Ishmael Shahid, my vote is yes, with proviso.

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Thank you.

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Is there anyone in the virtual audience whose 2 p.m. case has not been called?

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There are no hands, Chair.

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Take a 10-minute break and come back and do the 3.30 list.

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Thank you, everyone.

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Thanks, Chair.

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing a 330 CBA hearing.

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With me is our Vice Chair, Ismael Shaheed.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holliman.

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He's here.

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I see him.

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All right. And our Board Member, James Snell.

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Present, Chair.

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Also present is Hillary Emerson, our attorney, and our executive director, Tanya Sunkett.

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Here's the virtual format.

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Be biased.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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The video will be available by contacting TanyaSunkett at phila.gov.

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For a court stenographer, we request attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the address for the property in question.

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And finally, the question box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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Let's look at our schedule for this afternoon.

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Number one, MI 2023-007-208-212 Diamond Street.

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This case is continued.

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Number seven, MI 2023-003-136-3134 Willits Road.

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um christina williams and the listed is the listed applicant salvador berardi is the listed owner

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this is the second listing this case was continued on 12 2023 and no one appeared

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are either christina williams or salvador berardi here

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mr chair i just want to note for the record we did receive a request

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for continuance from Home Circle Civic,

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but it sounds like they have not been in contact

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with the applicant either.

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Thank you so much.

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Yeah, there's a hand up with the last,

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there's a calling user with the last board numbers 8282.

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I will allow them to speak.

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Okay, thank you.

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And could you state your name, please,

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and spell for the stenographer?

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Call-in user with the last four numbers ending 8282. Can you unmute yourself?

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They're still muted.

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Call Christina Williams and Salvatore Berardi again, please.

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Oh, they're unmuted now. Might be one of them.

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Could you please state your name?

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It's me, 8282.

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It's me, San Batheo.

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I live in 2023, South 28th Street.

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Hold on one minute.

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State your name again and spell for this stenographer.

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My name is San Batheo.

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S-A-M-B-A-T-A-T-E-A-V.

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I live in 2023, South 28th Street.

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Okay, so you're not involved. You're not. Are you involved in the case on Willits Road?

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Okay, so you're not involved.

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Are you involved in the case on Willits Road?

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Yeah, I want to vote it.

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Willits Road. I'm calling right now Willits Road. Are you involved in this case?

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Yeah.

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What's your what? How do you participate in this case, sir?

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I got for the vote for whatever it is. Yeah, vote for the case.

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sir do you own or rent 3134 willits road uh yeah uh yeah the neighbor okay so you're the so you're

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the neighbor you're you are not the the applicant in this case okay we are looking for either the

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owner or the tenant because we do not have exhibits and we cannot proceed oh okay all right

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sorry about that thank you so christina christina williams or salvador berardi

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i searched them excuse me i searched them chair they're not in the audience

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okay so mi 2023 003 136 3134 willits road we do not have exhibits for this

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no one appeared the prior listing i vote to dismiss

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thomas holloman my vote is to dismiss james snell my vote is to dismiss

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ishmael shaheed my vote is to dismiss and number eight mi 2023 007 209 1625 north

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marshall street that case is continued are there any other requests for continuance

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there are no hands okay we're going to go to number number two

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mi 2024 002 161 2021 wilder street this is a reconsideration hearing sean whalen is the attorney

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Sean Whalen is coming back as a panelist.

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Good afternoon, board.

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Good afternoon.

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Just for the record, state your name.

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You've already been sworn.

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Sean Whalen, W-H-A-L-E-N.

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Counsel, this is a resumptive hearing.

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The evidence and testimony from the December 20th, 23 hearing in this appeal is incorporated

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into the record for today's reconsideration hearing. The scope of this hearing is limited

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to a presentation of evidence submitted with the request for reconsideration, as well as the

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updated letter from the Coordinating Registered Community Organization. We do have a letter of

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support from Point Breeze Community Development Coalition. Previously, this was a letter of

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opposition understood and i won't go in thank you uh sean whalen from vintage law

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here on behalf of the owner courtney wright

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oh sorry i forgot to share my screen

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i will refrain from going into anything that happened in the last hearing unless

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of course the board has any questions we're fine so what you should be seeing right now is a photo

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front on. This is 2021 Wilder Street. The request is to put a third story on, and at the original

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hearing, the board required an eight-foot setback of that third floor from the street frontage.

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So we requested, just lost it somewhere, we requested a reconsideration,

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which set forth the basis for our request, and that was granted by the board, and we received

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the following letter. So very simply put, the applicant, Courtney Wright, was representing

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herself at the first hearing. She went in front of Point Breeze CDC and received a vote, you can

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see down here in the bottom, of 10 to 2 in support, 10 in support and 2 opposed. So she

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thought she was okay. And then she went to the hearing and found out that the RCO board

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had voted separately and submitted a letter of opposition and determined that it was

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essentially not appropriate for a fully built out third floor where you have all two

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story houses and that wasn't safe. We believe this to be wholly incorrect and non-contextual

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with the neighborhood and so I was involved in getting the reconsideration. First and foremost

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Ms. Wright then went through and she received, this is a petition of support,

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and she received, this is a petition of support, she went door to door to all of her neighbors

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she went door to door to all of her neighbors.

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and received, I think it's exactly 30 signatures in favor and support of her fully built out

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third floor. What you can see here is very bad threes. Those threes are to show the context of

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the neighborhood. Each one of them represents a fully built out third floor, and the V is for

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vacant lot. And you can see all of these stars are all of the neighbors who signed the petition

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in support, including one of the properties right behind 2021, which has this blue dot on it,

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and both properties on either side. So there was overwhelming support,

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which Ms. Wright thought she had at the first hearing and unfortunately did not.

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In light of Ms. Wright's footwork and going door-to-door, Point Breeze CDC reissued a new

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letter, this time in support of the project. I apologize, I said 30. It is 40 signatures of

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near-neighbors, and they fully supported the project as it is with regard, with no third

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floor setback. Now, this isn't just a desire. The third floor setback essentially made the

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proposed roof deck unusable with the pilot house and destroyed her ability to really use the third

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floor and have a roof deck at all. So what we've done here, and I'm happy to slow down. I know I'm

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going fast. It's the end of the day. You can see on both sides of the street, this is 2021,

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fully built out third floors up and down the street. And we walked every block in this area

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and you can just see every new building. And there are a lot of them have a third floor.

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And there are a lot of buildings with additions going up on third floor for fully built out third

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floors. So we believe that there is a hardship here, and that hardship is satisfied with the

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fully built out third floor, which is fully supported by her immediate neighbors and now

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the RCO, as they've seen the overwhelming support for Ms. Wright, and that this is wholly contextual

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with the change in the neighborhood from a two-story homes to three-story homes all up and

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down the block. Obviously, we believe there's no evidence of any detriment to public health,

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safety, or welfare. There are no roof decks or anything next door, no windows. It's not imposing

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on any light and air. And this is just a single family house. And again, this is the least minimum

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variance because the third floor and all we're asking for is the reduction of that eight foot

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setback so that she could have full access to the third floor and her proposed roof deck.

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So with that, I would just call Ms. Wright.

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Ms. Wright, what was her first name?

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Courtney.

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Courtney Wright, can you, she's allowed to speak.

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Would you please state your name,

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is spelled for the stenographer.

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Courtney Wright, C-O-U-R-T-N-E-Y, Wright, W-R-I-G-H-T.

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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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Please proceed, counsel.

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All right.

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Ms. Wright, this is your personal home, correct?

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Yes.

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And you're obviously here in support of yourself and your own project.

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Did you hear the testimony already presented with regard to the reconsideration for the board?

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Yes, I did.

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Do you believe it to be true and correct to the best of your knowledge, information, and belief?

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Yes.

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And would you adopt that testimony as your own?

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Yes.

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Thank you.

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Board, no further questions?

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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i see no answer what uh comments from planning commission

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uh this is uh ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r

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you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do please proceed uh the property is indicated for residential use on the city plan or adopted

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The district plan recommends no change to existing single-family zoning at this location.

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The applicant's hardship is not supported with evidence of conditions of the property

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conditions of the property that were prevented from being used in conformity with the code

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that were prevented from being used in conformity with the code.

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therefore we recommend request of variance not be granted. Thank you. MI 2024-002-161-2021

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