civus
Hearing video

ZBA Hearing - December 13, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Dec 13, 20236h 13m

portion of the property that's correct okay all right um thank you mi 2023 002 414 4900

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north 11th street i vote yes thomas hollow my vote is yes james snell my vote is yes

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Ishmael Shaheed, my vote is yes

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Thank you, counsel

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We're grateful, thank you

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All right, number six

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MI 2023-005-131-3325-North17

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Brandon Saverin is the attorney

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Letter of support from

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Nicetown-Tayoga Improvement Team

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Mr. Saverin will be rejoining as a panelist

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good afternoon members of the board hi just for the record could you state your name and spell

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please for the court sonographer yes um brandon saverin it's spelled uh b-r-a-n-d-o-n

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and then saverin is s as in sam a v as in victor r-a-n as in nancy do you swear or firm to tell

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the truth the whole truth and nothing but the truth yes i do could you identify your client

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the relationship to this property uh my client is ferris realty llc and the llc is the owner of the

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property okay our our vice chair has just a few questions for you sir good afternoon council do

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you agree to weigh the reading of the refusal and stipulate to his accuracy uh yes i do mr vice

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chairman have you have you emailed in all the required documents that is needed and required

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to proceed with this case yes thank you please proceed cheers thank you

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okay um well um good afternoon again members of the board and thank you in advance for your time

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the property that i'm here to speak on behalf today is 3325 north 17th street

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on your screen right now is a rendering of the front of what we are proposing to build

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we are proposing to build on the property and the property is a vacant lot, which according to city

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on the property and the property is a vacant lot

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records has been a vacant lot since at least 2008. As I'll show you some pictures of in a moment,

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this block has a tremendous vacancy. As of 2022, which was the last time the city took an aerial

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image of the block, 38 of the 48 parcels were vacant land. So this is actually the only

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exhibit, if you will, that I did not send among the other exhibits. So the main set of exhibits

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I sent were exhibits one through 11. I sent this in separately and would ask that it be

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considered Exhibit 12 and that all 12 exhibits are moved into the record following my presentation

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today. Okay. Thank you. So moving on, on your screen right now is a part of Exhibit 2. There

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we go. And this is our proviso plan. So if you are inclined to grant the variances that we're

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requesting today, I would ask that you do so with the proviso approving the variances pursuant to

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this one-page proviso plan. And then on this page, that was Exhibit 2E. This is Exhibit 2F,

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which is our proviso form. And it talks about the changes that were made since the original plan

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that was submitted to L&I versus our proviso plan. Perhaps the most important one on the bottom here

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is that we've reduced the proposal from eight to seven units. Also important, if I go back for a

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second to our rendering. Originally, this unit in what is really a partially above ground basement

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was served by stairs. We're now proposing that it be served by an exterior ramp so that the unit

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will be ADA type B accessible when constructed. This is actually the largest unit in the building

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and it will be ready to be adapted into a space that can serve a wheelchair-bound disabled tenant.

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So that's a new addition, the transformation of that basement unit in that regard,

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and then also some very small dimensional changes that do not affect any of the refusals.

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I do have floor plans at Exhibit 10, and I will not go through these.

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I'll just note that I do have our architect here who can walk you through them after my presentation, if you wish, and that the building is proposed to be composed of five one-bedroom units, one studio, and one two-bedroom unit.

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The two-bedroom unit is the ADA type B unit that I mentioned.

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As the chairman mentioned earlier, that is way too far zoomed out.

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I apologize.

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At exhibit, I believe this is 9D, is our letter of support from the coordinating RCO, which notes that the votes taken at the RCO meeting, which I attended, were 11 in favor of the project and one opposed.

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Exhibit 2A is our notice of refusal from L&I.

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So just to go through this very quickly, there are two used refusals.

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refusels, one pertaining to lack of parking and one pertaining to use. It's a single family

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district, RSA3, so anything above one unit is not permitted. I'll address that and why we have a

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hardship related to that in a second. As far as parking, I'll also show you some images on the

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block and you'll see that it would be really out of context to provide off-street parking based on

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what does already exist on the block. And I'll discuss the dimensional refusals in a moment as

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well. I'll just note that as a prior attorney did in one of their presentations, I have also

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authored a memo of law to the board. That's one of my exhibits. And that's where I sort of lay

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out in full the arguments for why I believe we're entitled to variances under the code for all these

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issues. So I'll keep it brief on that. So you can refer to my memo. Let me talk about the context

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of the block for a moment. So Exhibit 6 has all sorts of images and maps from Atlas. This is an

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image here from 2008 and the reason i'm showing you that is because from 2008 to 2022

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as far as we're aware only one new structure was constructed so as i mentioned 38 of the 48

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parcels as of the last aerial image were vacant so this is a block that has had a

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as of the last aerial image were vacant. So this is a block that has had a ton of vacancy

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and really no economic development activity or very, very little of it.

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At exhibit 11, as part of my memo, I created this table and it shows you that of the 10

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structures that are on the block, eight of them, including the one newer building, are all

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multifamily. 3319 is that the one building, the only building that was built within the past two

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decades. That's a six unit building. So all of the buildings are multifamily residential,

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which we're proposing as well, except for 3324, on which I could find no records,

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meaning no zoning permits or rental licenses. And then there was one additional building that

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actually had permits for non-residential use. But sort of summing that all up, there seems to be

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strong indication based on the city's records that there are no single family homes currently

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on this block. And between that and the fact that the board granted a variance for six units

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to the only structure recently constructed on this block, I believe that's all evidence of

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a hardship that the market does not support the construction of a new single family home

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zone in this vicinity. I will, give me one second, flip the pages here.

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I won't walk you through them, but all the sort of line items you see in this chart are backed

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up with evidence on the ensuing pages of my packet. So I have the most recent rental license

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or the most recent zoning permit for each and every one of those properties. Let me go to real

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quickly, the zoning permit for that one new structure, the six unit, you can see six unit

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mentioned here in this permit, which was granted in 2020. And this was granted pursuant to a

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variance from this board. The reason I bring that up specifically is I also included the refusal

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from that project. And what's interesting about this is that this refusal lists the exact same

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set of issues as our refusal. So when you look at our refusal and you see five cited code sections,

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you think, wow, this project is really sort of shattering all the rules. But it's the same set

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of issues that the board-granted variance is on three years ago to a property that is almost next

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door to ours, I think a few doors down. Here's our refusal for comparison. And really what the

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refusals beyond use come down to is that if you can't build a single family home here, you need

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the envelope of the building to sort of exceed some of the dimensional limitations in order to

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fit the building and have the units be humanely sized, which I think we're doing by nature of

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these variances. But I'd say our project even improves on the one down the street. We are

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proposing a side yard on one side that that structure did not um etc um i will just wrap up

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um by showing you um some street level photos so here from atlas uh this year which is only taken

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a couple months ago is our block looking south and here's our block looking north and what you

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can see is that the the buildings are that are there remember only 10 of the 48 lots are occupied

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with buildings. But they don't have parking. They're sort of, you know, built with front

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porches in a certain architectural style that more or less fits together. And again, to go to

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our rendering, we're doing our best to honor that and to match it, to put, say, like the building

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on stilts and have a layer of, you know, surface parking. It's just, it's going to stick out like

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a sore thumb in the context of this block. No one at the RCO meeting raised a request for us to do

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that. And last but not least, I'll just show you our zoning posters to avoid any doubt that they

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were put up. And again, just another opportunity to sort of show you the degree of vacancy in the

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area. That concludes my presentation. And I am happy to answer questions. Also happy to have

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the architect walk through the floor plans if you'd like. Brandon, one quick question. How did

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you get to the number? So, Mr. Chairman, as I mentioned, six was the number that the applicant

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in 2020, who is not us, I can promise you, no relation, felt that they had to build in order

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to have a financeable project. So, we actually started at eight. What we didn't like about eight

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is that there was this really uniform pattern of units. So, we combined two of the units into

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the ada unit and um that um and nadal who's one of the project partners

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And that and Nadal, who's one of the project partners, can testify to this if you'd like.

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But that was sort of like the bare minimum that he believes will work to get financing to build something here.

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OK. All right. Thank you. Why don't you bring your client on?

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OK, so that's Nadal Hassan, who I just mentioned.

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They have been allowed to speak.

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Hi, sir. Could you state your name and spell, please, for the court's sonographer?

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Nantie, I-D-A-L, last name Hassan, H-A-S-S-E-N as a Nantie.

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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.

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Thank you. Nadal, are you authorized to speak on behalf of Ferris Realty, LLC?

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Yes.

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Did you hear my testimony in your zoning case this afternoon?

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Yes.

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Was it true and accurate to the best of your knowledge, information and belief?

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Yes.

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Would you therefore adopt it as if it were your own on behalf of the LLC?

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Yes.

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And just one more question since the chairman raised it, or maybe I'll make it a two-parter.

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As far as you're aware, my representation about there only being multifamily residential uses on this block, was that accurate?

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And was my representation about your need to construct this number of units to get construction financing, was that accurate?

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Absolutely.

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I did my research before I even purchased a lot.

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Okay.

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Okay.

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Thank you.

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All right.

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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 questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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mr chair i have charles richardson again with the hand raised i have allowed them to speak

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hi mr richardson could you please uh just state your name and and um present your testimony you've

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already been sworn certainly mr chair charles richardson r-i-c-h-a-r-d-s-o-n office of

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councilwoman cindy bass room 508 city hall councilwoman has no objection to granting the

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variance okay thank you very much i appreciate it um anyone else in a virtual audience

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i do not see any further hands mr chair planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends a change in zoning to rm1 residential multifamily at this

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location under the recommended residential multifamily one zoning the appellant would

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be allowed four dwelling units by right and staff are aware of several three dwelling unit

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buildings currently on the block as such we feel the eight units proposed represents an overuse

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and that the dimensional variances stem from the proposed unit count accordingly the planning

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commission recommends that the board grant the proposed variance for multi-family use in a

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single-family zone but with a maximum of four dwelling units um mr chairman if i could just

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quickly let me just let thank you sir thank you thank you planning commission proceed go ahead

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OK, I'm sorry. That's OK. Mr. Bernard is absolutely right in that there are a handful of three unit buildings, but they're very old, at least 20 years, if not much more.

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Again, the only recent construction is one single building that has six units.

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And that project received basically the same dimensional variances that we are requesting today.

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So, you know, just to keep in mind, I think there's past evidence of all sorts that we're sticking to the minimum necessary relief that we need to build something here.

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Okay. MI 2023

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005 131

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3325 North 17th Street. I vote yes

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with proviso. Maximum six dwelling units

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revised plans one page stamped by ZBA

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December 13th 2023.

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Thomas Holloman

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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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Counsel, could you stay on, please?

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Okay. Sure. All right. So MI 2020, number seven, MI 2023, 005, 036, 54 East Brighthurst Street.

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Okay, sure.

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All right.

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So MI 2020, number seven.

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Brandon is the attorney. Hold on a minute. Letter of support from Wakefield 49ers Community

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Development and Approvement Association. Letter of non-opposition from Solo Germantown

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with the following provisos. Mr. Saverin, you've already been sworn to state your name for the

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record. Thank you, Mr. Chairman. Yeah, Brandon Saverin. And could you identify your client

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relationship to the property? Yes, my client is Red Brick Builders, LLC. That is the owner

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of the property. And our vice chair has a few questions for you. Good afternoon, counsel. Do

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agreed to waive the reading of the refusal and stipulate to its accuracy? Yes, I do. Have you

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emailed then all the required documents and exhibits that is needed and required to proceed

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with this case five days in advance of this hearing? Yes. Thank you. Please proceed to share.

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Oh, I'm so sorry, Mr. Vice Chairman, for full truth. The tax clearance information and the RCU

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letter did not uh get sent to the board until yesterday uh but but it's in now just just to be

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okay i trust you brandon it's good okay thanks uh let's see

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one moment i'm sorry i'm just having a little trouble getting my screen sharing started

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there we go okay um good afternoon again members of the board um so the property i'm

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uh here to speak about uh in this hearing is 54 east bringhurst street um in the uh really the

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center of the germantown uh neighborhood um on your screen right now is um exhibit 2b uh from

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our exhibit binder. This is the notice of refusal, and I would move that the 10 exhibits that I

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submitted in addition to the RCO letters and the tax clearance information be moved into the record

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following the hearing. Okay. Yes, sir. So I'll do this case in a little bit more of a traditional

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manner. Let's start with the refusal. So what we're proposing to do as the refusal says is to

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demolish the existing structure, which I'll show you in a moment, and replace it with at least in

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the front what's going to look like an identical structure. And you might think I'm exaggerating

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