civus
Hearing video

ZBA Hearing - February 26, 2025

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

Yeah, you can answer as well, Mr. Klessari, either of you.

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Mr. Vincent, the question was, how many lifts do you have in the facility?

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I think the answer is four.

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And then I think, Ms. Wynne, you asked how many cars will he be working on at the same time?

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I'm not sure.

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Yeah, mostly.

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What's your average?

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Yeah, four to five cars a day.

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Four to five cars.

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And then when people are getting services, how long are vehicles typically parked outside the facility?

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No more than three hours.

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Okay.

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Typically, it's just an oil change or breaks while they're waiting for it or a tune-up.

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I have no other questions.

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Okay.

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My question is, you're not going to do any body and fender work or spray painting, correct?

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No, ma'am.

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Okay.

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Thank you.

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Any other questions from the board?

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Questions from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Any questions from the audience?

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Any questions from the virtual audience?

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Yes, Vice Chair.

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Charles Richardson had their hand raised again.

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I've allowed them to speak and be promoted.

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Mr. Richardson.

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Good morning again, Mr. Chair.

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Good morning.

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Councilwoman, based upon the unanimous support of the Logan Civic Association, the Councilwoman has no opposition to granting the variance.

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Thank you, Mr. Richardson.

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MI-2024-0002604832-48

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Excuse me.

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Oh, there was one more.

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Planning Commission.

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Amy Ward with the Planning Commission.

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A-M-Y-B-O-Y-D.

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Please state your name and spell it for the record.

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Amy Boyd, A-M-Y-B-O-Y-D.

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It's where to tell the truth, the whole truth, and nothing but the truth.

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I do.

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Please continue.

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The comprehensive plan recommends no change to the existing ICMX industrial commercial mixed-use zoning at this location.

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The appellant has shown that the proposed use of vehicle repair and maintenance would not cause detrimental impacts beyond what would normally be expected.

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The Planning Commission recommends that the board grant the requested special exception for personal vehicle repair and maintenance.

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Thank you, Ms. Boyd.

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MI-2024-0002604832-40, North 6th Street, my vote is yes.

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Michael Jones, 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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Taya Wynn, my vote is yes.

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Number two, MI-2024-000792-2333, East Allegheny Avenue.

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Joseph Monterosso is the attorney.

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Yes, they'll be coming back in as the panel shortly, Vice Chair.

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Thank you, Council. Let me thank you, Mr. Hans.

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Hi, I'm the owner of 2333 East Allegheny.

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My name is John Monterosso, J-O-H-N-M-O-N-T-E-R-O-S-S-O.

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J-O-H-N-M-O-N-T-E-R-O-S-S-O.

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Thank you.

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Do you swear to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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Mr. Chair, would you like me to read the refusal into the record?

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Please.

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Okay.

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This application is for use as two-family household living in an existing structure.

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Two-family household living is prohibited in the RSA 5 zoning district.

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okay uh i just want to pass it over to our board member uh ms graham okay good morning have you

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emailed all the card documents and exhibits needed to proceed with this case five days prior to the

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hearing yes great and do you agree to waive the reading on the refusal and stipulate to its

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accuracy yes okay um you can share your screen and proceed thank you do i have to share my screen

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yes hold on i have my uh contractor on there and can you uh get on here and i'm sorry i'm

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new with this i i really don't know how this uh works i'm sorry

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okay yes they have a individual they will be promoted to panelists and coming back in shortly

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sir you're going to start to present the entire case um if you are the property owner um he can

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guide you through the presentation but you would have to lead it

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so i have to share my screen and then showed it how do i share my screen i'm sorry

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we can promote him he can share the screen but you would have to um lead the presentation

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All right, sir, you will have to speak.

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Your contractor cannot testify before the board on your behalf.

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OK, I'm sorry.

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Let me let me share my screen.

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And all the documents you got to show in order because you are not LLC.

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You're allowed to represent yourself.

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OK, so you have a hardship here because you bought the building like it is.

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And sorry, sir, you're going to have to stop testifying on his behalf.

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Thank you.

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okay sorry all right let me i'll share my screen i'm sorry sorry for all than everybody else share

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um like uh sorry i'm gonna have to do this right sorry would you like us to come back to you a

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little bit later and um no i can pull it up right now i mean it's just going to take me a second to

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get to it that's all no problem i believe this is everything i need uh some of it anyway if not

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please let me know what i else i need to show and i could show it sure um your screen was up okay

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here we go hold on i'm sorry a little nervous you're making some errors take your time there

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it is there it is so this is the um it's your stamps uh mailing this is the mailing stamps

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and this is the uh the notice i believe for the for a meeting i guess for the zoom meeting

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oh this is for the rco meeting i'm sorry yep this was held on one of six and then here's the notice

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for the refusal um now you need to see pictures and all correct yes we didn't see photos of the

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property and exactly what you're trying to do okay um i'm gonna go into my photo

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and this is how i bought the property these are from the website pictures i took and this is the

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first floor unit this is um the living room this is one of the uh the bedroom this is the other

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view from the bedroom this is their kitchen another picture of their kitchen their bathroom

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room another angle of the living room another angle of the living room their toilet in their

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bathroom and their basement i can show the second floor unit as well here goes the second floor

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unit this is the living room more living room pictures living room pictures living room

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pictures living room picture this is a bedroom one bedroom all one bedroom this is the hallway

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hallway bathroom bathroom the other bed or the toilet and then the last bedroom

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Go to your text

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The folder's there

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Is it a text?

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Alright

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There we go.

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There we go

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All right, here we go.

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Alright, here we go

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I'm sorry

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I'm sorry.

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So here goes the refusal.

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The application for appeal.

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And here goes the photos.

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Then here goes the RCO meeting.

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The association improving it.

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Project information form.

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Here is my tax

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clearance. I'm not sure what this is.

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Deed to the property.

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Deed and then my

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real estate tax transfer certification

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and I believe that's it.

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Questions from the board?

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yes uh okay so uh you're showing these pictures how many uh bedrooms are there per floor um the

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first floor is one bedroom and then the second floor is two bedrooms okay and did you say that

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you when did you purchase this property i brought it in april of 2022 okay and

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And when you purchased it, you're saying that it was as it is being represented to us?

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Correct.

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Okay. And that was, did you obtain title insurance or did you get a certification from licenses and inspections as to the actual zoning classification for the property and its use?

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I'm sorry, can you say that one more time? I'm not sure

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The question is, did you get a, there's a certification process that L&I can do

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They can issue a certificate where they look at the property and its confirmed use

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Did you do that?

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No, that's why I'm here

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Okay.

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And did you get title insurance when you bought this property?

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I did.

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Okay.

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And as part of title insurance, they usually look into as well what the actual use of the property is supposed to be.

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So did they do that?

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I'm not sure.

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I inherited it this way.

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You know what I mean?

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I'm not really sure if they did it or not.

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I believe they did.

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I'm hoping they did their job. I'm sorry. You know, I'm sorry.

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And then my last question is, is there any basement living in terms of these units?

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The first floor unit has access to the basement, but there is no living space down there. It's just for storage.

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Okay. Thank you.

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Yep. Thank you.

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Any other questions from the board?

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And this is a two, two, two bedroom units. What's the bedroom size, bedroom number?

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So the one floor, the first floor is a one-bedroom apartment, and the second bedroom, or the second floor has two bedrooms.

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Okay, thank you.

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Questions from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Any questions from the audience?

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Any questions from the virtual audience?

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i do not see any hands raised mr vice chair thank you mr ham the planning commission

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amy boyd with the planning commission the comprehensive plan recommends no change to

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the existing single-family residential rsa 5 zoning at this location there is evidence of

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unique physical circumstances of the property due to prior permitted use as a law office

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the change to an additional residential unit is more in keeping with the spirit of the zoning code

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therefore the planning commission recommends the board grant their

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perseverance for two-family household living

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thank you mi-2024-000729-2333

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east allegheny my vote is yes michael johns my vote is yes

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cheryl gaston my vote is yes tenetta graham my vote is yes

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Taya Nguyen, my vote is yes.

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Number three, MI-2024-000929-2450 North 30th Street.

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Devin Okta is the attorney.

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Okay, Mr. Vice Chair, they're coming back in as a panelist shortly.

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Thank you, Mr. Hand.

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Thank you, Mr. Hand.

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Thank you.

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Good morning, Chair.

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Good morning, Counsel.

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Please state your name and spell it for the court report.

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Devin Uqdah, U-Q-D-A-H.

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Do you swear to tell the truth, the whole truth, and nothing but the truth?

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Yes.

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You wanted to read this one.

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so this right here is for um multifamily household living is prohibited in the rsa5

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zoning district uh we did receive a letter from the rco letter um from the rco yesterday

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so we will be moving on to our board member ms graham good morning have you emailed all

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the required documents and exhibits needed to proceed with this case five days prior

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to the hearing um yes however i have additional items that i can submit to the board after today

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okay and do you agree to waive the reading of refusal and do you stipulate to its accuracy

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yes okay all right thank you and council just add that to the record uh this is for the erection of

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any tax structure with the roof deck access by a pilot house um for the mostly used family

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So please proceed.

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Thank you.

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Can you see my screen?

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Yes, we can.

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