civus
Hearing video

ZBA Hearing - August 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 14, 20242h 43m

South 69th Street, cases continued, Mark, must be heard.

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And number 13, MI 2024-001-185-616 North 11th Street.

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Brooke Diggs is the listed applicant.

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Prosperous Investments is the listed owner.

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This is the second listing.

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No one appeared at the first listing.

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Brooke Diggs, if you're in the audience, please raise your virtual hand.

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I see no hands.

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Thank you.

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MI 2024-001-185-616 North 11th Street.

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Second listing, no one appeared the first time.

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I vote to dismiss.

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Michael Johns, my vote is to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Bayouin, my vote is to dismiss.

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Teneda Graham, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Number 14, MI 2024-001-692-1108-Hawthorne Street.

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Jose Berg de Dino is the listed applicant.

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No exhibits, first listing.

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The listed owner is Caraballa, Washington.

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No hands to share.

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So MI 2024-001-692-1108 Hawthorne-Hall Wharf Street, Cases Continued, Mark Must Be Heard.

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And number 16, MI 2024-001-816-1941 North 4th Street, No Exhibits, First Listing.

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Christopher Wickham and Valerie Ashford are the owners and applicants.

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I see no hands, Sheriff.

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So MI 2024-001-816, 1951 North 4th Street.

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This is the first listing.

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Cases continued.

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Mark must be heard.

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And then we have two withdrawals.

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Number seven, MI 2023-004-271-564 Centner Street.

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Don Abraham is the listed applicant.

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we have an email. We have not have a signed letter yet for a request for withdrawal. Mr. Abraham.

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mr abraham yes mr abraham um we understand you want to withdraw this case is that correct

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Yes. Mr. Abraham,

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uh mr chair can you swear him in first yeah sure thank you well could you please state your name

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and spell for the court sonographer all right do you swear or for him to tell the truth the

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whole truth and nothing but the truth yes i do is this case uh do you want to withdraw this case

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um i what i mean uh to continue what do you need from me

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uh you i well we need a lot of paperwork i mean we we have no paperwork at all

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right yeah i wanted to um actually can i get a continuance

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um okay but if you if you i could give you a continued but this will be mark must be heard

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do you understand oh okay all right thank you so mi2023 004 271 566 center street

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cases continued mark must be heard and mr abraham please contact the zba office for

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information about what you need to do to have your case ready for next time thank you

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And number 12, MI 2023-006-937-351 East Mount Pleasant Avenue.

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That case has been withdrawn.

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We're going to go to our add-on list.

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Number one, MI 2023-005-977-5310 Haverford Avenue.

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I vote no.

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Cheryl Gaston, I vote no.

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Sonetta Graham, my vote is no.

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My vote is no.

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That is everybody, Mr. Chair.

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Thank you.

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We're going to go to our number one case,

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MI 2022, 000672, 8107 Bradford Street. Excuse me, Mr. Chair. I'm sorry. Can you please make

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the announcement under number two of the add-ons? Oh, I'm sorry about that. Yeah. MI 2023, 006253,

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2848 South 12th Street. This matter was dismissed in error on Wednesday, August 7th at 9 30 a.m.

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The application has been withdrawn by the applicant.

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Number one, Dan Lee, L-I.

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Hi, Mr. Lee, could you please state your name as spelled for the court stenographer?

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My name is Dan Lee, first name D-A-N, last name L-I.

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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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You have a letter of support from the Roanjoe Civic Association.

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Our vice chair has a few questions for you, okay?

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Yes.

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Ish?

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Yes.

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Good morning, sir.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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I believe I did.

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I emailed it in on the writing of the previous week.

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Thank you, Counsel. Please proceed.

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Applications for the removal of a structured parking place, garage,

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and for the creation of service parking,

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parking accessory to existing single-family household living.

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Service parking spaces are prohibited in required front, side, and rear yards,

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whereas the proposed parking space is within the required eight-foot front yard and the eight-foot side yard.

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Please start your presentation, sir, and share your screen.

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Is that working?

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Yes, it is.

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Okay, so I would like to just start with just a quick overview of the property.

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This here is the front.

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this would be the back

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this would be the driveway

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and this

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I would like to

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this is where the previous

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garage door used to be

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which was removed

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this is the refusal

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as said

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this was a garage

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and I was unaware

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that we needed

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uh a singular parking space for these properties so i

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uh a singular parking space for these properties so i it was done without my knowledge of it so

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here i am to uh propose that we create a surface level parking for this property

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uh originally i was unaware also of the fact that there were restrictions to the parking space

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itself um i was told that it would require

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you were told to require a variance is that what you were told uh yes because as you see from this

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plan here i was told that the parking space had to be eight and a half feet by 18 feet

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and they need an 8-feet front yard setback and a 20-feet rear yard setback

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while also needing an 8-feet side yard setback.

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On the plan proposed itself, I could not meet the 8-feet yard side,

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which was just when we measured it, it was just slightly short of 7.5.

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Everything else was met.

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It was just this side yard that I could not meet.

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This is the application repeal. Here I stated that nothing would be blocked, streets would be open, no properties, nothing would be changed. The dimensions would stay the same.

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yeah okay but so the reason why this was done is because um as you can see here this drain

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was the lowest point on the property which meant all the water runoff would come here

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and this door previously was the garage door so every time it rained two to three days uh this

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drain would get blocked off by foliage and garbage and whatnot and it would create a massive puddle

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that would eventually overflow into the garage itself and eventually overflow into the whole

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basement. I was at the time not living here. I had purchased the property, but I was still out

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of state with some obligations and I could not come down here every time it rained just to clean

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up the drain. So I put in two stop measures to prevent this. One was this cage-like contraption

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you can see here to prevent uh blocking and the other was to remove the garage door and

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replace it with uh bricks and a steel door instead so it would not flood um

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the refusal was because i could not meet this a side yard

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setback requirement, and that's it. Some miscellaneous stuff. This is the deed

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of the property that was moved to my name. We have the certificate of tax clearance here that

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I received on the 5th, which is the Monday of the previous week. This is after having my RCO

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meeting uh i explained to them that uh uh that it was just purely because of the flooding that

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i had changed it i was not creating uh a multi-family dwelling nothing uh not requesting

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an additional electric meter it's just purely just because i wanted to prevent the flooding

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and then this is the rco uh vote that they had yeah it was eight to zero right yes all right

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did you create another room in there i mean what did you do in there i just brought it up i it is

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technically additional an extra room but it's just used as storage now um it's not a dwelling

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it's doesn't mean any going i just use it for storage now all right thank you questions from

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the board. Questions or comments from our attorney, Hillary Emberson? Not at this time,

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Mr. Chair. Questions or comments from the virtual audience? I see no hands. Planning

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Commission. I'm sorry, Chair. Excuse me. We have one hand up by Lee Holm. Okay. And they have been

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allowed to speak. Good morning. Could you please state your name and spell for the court stenographer?

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Can you hear me? I most certainly can. Lee, L-E-E, Horn, H-O-R-N-E.

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Lee, L-E-E, Horne, H-O-R-N-E.

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I am the...

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Hold on, hold on.

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Do you swear or affirm?

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That's okay.

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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, sir.

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Please proceed, sir.

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I am the zoning chair for Ron Hurst Civic Association.

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The homeowner contacted us, worked with us at every opportunity.

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Very nice man.

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We understand that he has a single-family home, that he is not attempting to make this a multifamily home.

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He has not applied for another electric meter.

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And everything that he said to you, we found to be true in our investigation.

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I am here because I know that he is going at this by himself.

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And I want you to understand that we approve of his project and see no reason from our end why it should not be granted.

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Thank you very much for taking the time to cause. We appreciate it.

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You're welcome, sir.

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Planning Commission.

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Good morning, Mr. Chair. Dan Powers with the Philadelphia City Planning Commission.

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D-A-N-P-O-W-E-R-S.

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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, I do.

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Please proceed.

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The comprehensive plan recommends no change to the RSA 3 zoning at this location.

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There are similar nonconformities nearby in the district and legal on-street parking remains in front of the house.

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The City Planning Commission recommends that the board grant the variance for the removal of the existing parking space.

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Thank you. MI 2022-000672-8107 Bradford Street, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Iowyn, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, sir. You have your votes.

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Thank you.

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Number 10, MI 2023, 006-466-422 Fountain Street.

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Christopher Miller is the owner. It's a pro se case.

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There's a letter of unanimous support from the Ridge Park Civic Association.

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Mr. Miller.

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Mr. Miller, I'm you.

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Hi, could you please state your name and spell for the course photographer?

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Christopher Miller, C-H-R-I-S-T-O-P-H-E-R.

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M-I-L-E-R.

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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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Our vice chair has a few questions, sir.

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Yes.

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Good morning, Mr. Miller.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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I have, sir.

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Thank you.

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Please proceed and share your screen.

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Mr. Miller, this application is for use as a multiple family household living for dwelling units in an existing structure.

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The proposed use of multiple family household living is prohibited in the CA1 zoning district.

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Correct.

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Please start sharing your screen, sir.

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Can you see my screen?

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No.

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No.

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You got this share button on the bottom?

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I do.

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You can bring your documents up and then push share screen.

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