civus
Hearing video

ZBA Hearing - February 26, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 26, 20258h 26m

And then again, the color elevation that I showed before with the lighter brick, the standing seam metal roof mansard, and then the deck above with the pilot house and the materials that are shown right there.

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So the notice of refusal, as I mentioned, is only for the setback of the third floor.

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The thing that I highlight, and actually it's interesting because when I contacted the coordinating RCO,

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Past Young Square Civic Association, the head of the group said, well, why do you have a refusal?

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There aren't only two stories on the next door property.

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It's one and two stories.

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It does say only two stories, which is not what this has.

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as one and two stories, but, you know, to argue with L&I versus and pretty much get nowhere as

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opposed to filing the appeal and going forward with this matter, we elected to just go forward,

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particularly again with the 904 Wilder Street having been granted a similar variance among

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their other variances. At tab six, I've included the deed. Again, as I mentioned, my client took

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ownership by this deed of May 24th, 2023. You can see here the OPA still shows the prior owner

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who actually, you can see my client purchased it from the estate of that individual who had passed

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away. But we did run the tax, show that there are no taxes that were due on the property.

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And I did present that to Hillary for today's hearing.

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Here's a notice for today's hearing.

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It was posted at the property by my client.

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You can see here.

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And then we had a meeting with, again, the Coordinating RCO is the Pasadena Square Civic Association.

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And we met with them on January 14th of this year.

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And we did send out with the here's the email from the from Planning Commission showing designating them as a coordinating RCO, a list of addresses to which we sent the 14303 notice, the copy of our 14303 notice.

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We hadn't yet made the change to the man start at the front of the third.

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We did go in to the meeting with Pastor Young Square already making that change.

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It wasn't made at the request of the community.

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We went ahead and did that and presented that to the community group.

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And then the mailing of 98 items.

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Those are the number of addresses that were on the list of that we produced with the Planning Commission's link.

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Those are the number of addresses that were on the list of that we produced.

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So in this case, we feel that there is a hardship in this case, given not only the variances that was previously granted for 904,

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but also when you take into account that you have a large commercial property located directly across the street,

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you have the post office located right next to us, you have the history of commercial use here,

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But the remapping to RSA 5, the fact that my client is not looking to subdivide into three lots of a similar size as the residential properties extending to the east of us on the same side and even extending northward on the east side of South Percy Street, but being very conservative, only going for two units.

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So we feel it's a de minimis variance, even to the extent that there is this minor variance that L&I decided to issue, despite the language, technical language of that zoning code provision.

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Because the structure is located on the south side of the street, the fact that the third floor is not set back the required or the eight feet that that provision of the zoning code requires in circumstances where there are two stories, only two stories to either side, won't have any impact.

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It definitely won't have any impact on the residential structures to the west of us, given how the sun travels.

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If there is any shadowing, there could be a little shadowing in the early summer hours on the roof of the post office,

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which I think we would imagine isn't going anywhere anytime soon, given that it's even though it's owned RSA 5.

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So we don't believe that there'll be any impact, negative impact on traffic, creating any congestion in the streets.

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We're making an existing curb cut a little bit wider, and we're getting two cars for

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the units off the street with the proposed off-street parking, reuse of the existing

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off-street parking, previously permit parking at the site.

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So for those reasons, we would request that the zoning board grant the one variance in

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this case.

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And with that, I would like to have both my client, Jim Paolo, as well as Christopher

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stouffer or christopher christopher stromberg um adopt my uh my statements that i've made to

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the board this evening i would have them promoted to panelists so they can be sworn in

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they'll be coming back in as a panel shortly

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should be coming back in as a panel shortly thank you

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good evening please state your name and spell it for the course now

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john paulo lucci g-i-a-n-p-a-o-l-o last name l-d-u-c-c-i do you swear to tell the truth

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the whole truth and nothing but the truth i do please proceed counsel thank you sir um jim paulo

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you're the owner of 910 to 14 wilder street correct yes okay and uh did you hear the statements

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that i made to the board yeah and are they true and correct to the best of your knowledge

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yes and would you adopt them as your own yes i would thank you that's all the questions i have

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the property owner thank you mr stromberg could be sworn in

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they've also been allowed to speak

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good evening state your name and spell it for the court sonographer

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my name is christopher stromberg c-h-r-s-t-o-p-h-e-r last name s-t-r-o-m-b-e-r-g

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

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i do please proceed councilman just stromberg uh you prepared the drawings that we presented

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and the other materials that we presented to the zoning board this evening

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yes and uh did you hear the statements that i made to the board today

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i did and are they true and correct to the best of your knowledge yes and would you adopt them as

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your own i would thank you i have no further questions and with that i would submit our

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exhibits into the record and and we rest thank you council questions from the board

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it was i corrected hearing that they had support or just non-opposition it's non-opposition i have

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them up on the screen right now so i didn't i did not flash them to you before but here you can see

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letter from passing square civic association voted seven to one pretty pretty convincing uh vote but

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it was still one of non-opposition i'm not sure what their policy is whether i can't remember if

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they're one of the groups that never supports anything the best you'll get is non-opposition

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but uh and then we have that council member mark spola's letter of non-opposition as well

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anything else board member johns no that's it uh questions from our attorney hillary emerson

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anything else board member johns nope

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uh two very quick things first i think there's a refusal missing for having front-loaded parking

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in an rsa 5 zoning district so just wanted to note that for the record there's not because

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hillary because it's because it's existing parking it's previously permitted parking

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under that fact sheet pz 006 um you're allowed to reuse it as long as it hasn't been discontinued

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for more than three years got you okay and that makes sense um and then for um there were two

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pages not two pages but uh two iterations of revised plans that were sent in this afternoon

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um i think the second one in addition to the man side group had a couple of other minor changes but

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we didn't have a proviso form for that one so if you could send in a proviso form for the second

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which i believe is the one that you want that's the one that i just showed you yes yeah okay thank

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you yeah and had things like the ac condenser was taken off because that's not something related

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things of that nature questions from the virtual audience i see no further hands mr chair by any

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commission this is uh ron bednar city planning

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you spell your name ron that's your first one first name ron r-o-n last name bednar b-e-d-n-a-r

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spell the whole troop the whole troop and nothing but the truth i do thank you comprehensive plan

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recommends no change to the residential single family attached zoning at this location

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there's no unique physical circumstances of the property that was prevented from being used

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informing with the zoning code therefore the city planning commission recommends that the board

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deny the proposed variance for third floor and roof set uh roof deck setback one thing i could

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i would like to add there is that the lot is not very deep so if we were to take eight feet off

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and set the front of the building back eight feet uh we lose we lose most of most of those front

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rooms. You can see here, that's one thing I didn't add before, and I can have Christopher

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elaborate on that a little bit. Because the lot is so shallow, and we fall under the exception

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for the open area requirement, because that applies to lots that are under 45 feet.

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But you can see the front bedrooms are only 10 feet deep. So if we were to set those back,

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You'd be talking about a one, maybe a two bedroom house situation here.

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And again, the fact that we're located on the south side of the street, as opposed to the north side of the street, we're not going to have any impact in terms of shadowing.

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So because a lot is so shallow and because of the location of the property on the south side, we feel that there is a hardship.

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And the other criteria set forth in the zoning code for the granting of this dimensional variance are satisfied in this case and warrant the granting of that variance.

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Thank you. MI-2024-006914.

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910 to 914 Wilder Street. My vote is yes with revised plans and dated one page dated

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February 26, 2025. My vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso. Tanetta Graham, my vote is yes with proviso.

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Thank you. Thank you.

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There's anyone else out there in the virtual audience

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whose case has not been heard for the 2 o'clock call?

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Mr. Chair, I do not see any hands raised.

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Okay, so we're going to go right on into the...

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We'll take a five-minute break, and we'll get right back to the

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3.30 list.

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Wiggle their legs.

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Good evening. My name is Ishmael Shahi, and I will be chairing this meeting of the Philadelphia

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Zone and Board of Adjustments. With me is Board Member Cheryl Gaston.

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Present, Mr. Chairman.

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Board Member Tanetta Graham.

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Present, Mr. Chairman.

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And Board Member Michael Johns. He is here. He may have stepped away for a moment, but

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we're going to continue. Also present is Hillary Emerson, our attorney, and Board

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Administrator Leticia Dandy. Please be advised that this meeting

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is being recorded and your participation in this meeting indicates your

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and your participation in this meeting indicates your consent to be recorded the video will be

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consent to be recorded.

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posted on the zba website approximately one week following this meeting this meeting is being held

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in person with remote with remote capabilities meaning that individuals can participate either

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in person at the hearing room and the one parkway building or remotely over zoom when you are

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recognized to speak by the board please state and spell your name for the court reporter

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and then wait to be sworn in if you are in the hearing room you must speak into the microphone

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so that everyone is in attendance including the court reporter can hear you if you are

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participating remotely please turn your cameras on and unmute yourself when you are called when you

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are recognized to speak. Once you have been sworn in, please state your name each time before

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testifying whether you are in person or remote so that the court reporter knows who is speaking.

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Please mute yourself or turn off your microphone when you are not being speaking. If you are

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participating by phone, press star nine to raise your hand and star six to unmute. If you are

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participating by phone, please call 267-270-5548 to register your appearance by the close of

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the business day after the hearing. You must provide your email address and the address of

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the property if you are interested. All others can enter in their appearance through the Zoom

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registration. For individuals participating in person, a QR code is available to register your

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appearance. For assistance, please see a staff member at the back of the hearing room. If you

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have any questions about how to enter your appearance, please contact RCOZBA at VOLA.gov.

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And we'll go ahead and get right into this. Our continuances, MI-2024-006210,

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543

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Vanquert Street.

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This case is being continued.

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First listing

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must be heard

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on August 20th,

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2025

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at 3.30pm.

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Alright, we have no more

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continuances. We're going to go to our No Exhibits

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2MI-2024

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0-0-6-1-7-9-58-21

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Haverford Avenue.

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This case is being continued

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to March 26, 2025

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at 930 a.m.

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This is the first

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listen as well, so it must be heard on the

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next one. Number three, MI-

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2024-006-208

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6032 Edmond Street.

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Mr. Chair, can you speak

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a little bit, a little louder?

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Sure, sure, sure. Apologize.

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MI-2024-006-208-6032 Edmond Street, no exhibits for its listing. This case is going to be

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continued as well to August 20th, 2025, at 3.30pm. Excuse me, Mr. Chair, can we just see if anybody

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is here for that case? We have New Alton Batista Aracena as the listed owner. We also have a

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third-party um expediter i believe is anyone in the audience for 6032 admin the virtual audience

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good evening mr chair this is jason hand i will be the co-host for the session

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i do not see anyone answering to any of those names in the virtual audience this evening

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okay so this is the first listing um with no exhibits we are moving this on to august

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We're going to continue it until August 20th, 2025, and it must be heard at 3.30 p.m.

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Okay, okay.

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Going on to the regular list.

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Number one, MI 2024-001-673-920-1⁄2, West Somerset Street.

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Devin is the attorney.

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They will be coming back in as a panel of strokes out.

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Thank you.

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Good evening, Council.

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Good afternoon, Chair.

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Nice to see you again.

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As always, please state your name and spell it again for the court synographer.

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again for the court stenographer uh devon ukdai last name uqdah you swear to tell the truth the

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Devin Okta, last name UQD.

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whole truth and nothing but the truth yes can you please identify your client in relationship to him

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uh yes um tell him to hop back on sorry

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my client is um eric knight he is the owner of the property should be logging back on momentarily

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okay our board member um mrs green oh this is a result okay

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all right uh so you would like to just add some additional notes and we're going to open this up

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for public testimony after you and then we'll go ahead on to the planning commission so mr

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please proceed yeah yeah so um pretty much we presented this share my screen second we um

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presented this at a prior hearing and um there's a discrepancy because we had to have we had to

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an amended refusal letter. The original refusal letter stated that it was for

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a single-family home. So this is the amended refusal letter that we received that states

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that it's for a three-dwelling unit. So this is the amended refusal that we had to receive.

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um additionally um the original um the original notice of the rco said two family um it actually

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is for a three family and we presented it to the rco as a three family so we had to go back to the

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rco they they all voted in support unanimously um we presented that it would sorry we we presented

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