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Hearing video

ZBA Hearing - January 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 26, 20223h 58m

Do you swear for him to tell the truth, the whole truth,

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and nothing but the truth. Yes. Our vice chair has a few questions for you. Yes. Good morning.

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It appears that you've emailed the exhibit packet in and now we have the deed. Is that correct? Yes.

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You may proceed. Good morning everyone. This is a continuance from my hearing before and the

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Information from the RCO and the deed packet was not sent.

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However, I am requesting from the zoning board consideration to rezone our family home where the bottom level would be a single efficiency apartment for the property.

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There is a separate entrance to the rear of the building where the tenant could come.

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Ms. Hardaway do you have this one can you can you show this one a computer for us or

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or some device can I I couldn't hear you so what are you asking so so what I'm saying is do you

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have this that you could put it up on the screen for on the computer so we could see it no I don't

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okay um we need to see what it looks like yeah

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um i thought sending the information in the pictures was enough i didn't know i had to share

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the script well yeah i i think i think what you need to do is you you need to have someone help

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you get a computer and you know put the information on a computer then you can show

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the pictures and things of that nature what the property looks like and and you know how it's

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going to be done. Okay, if I share, I can share the screen and bring up the plan. That's what I

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said. Yeah, that's what we're asking. Okay, one second.

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ma'am are you on a computer yes i am i'm just a regular computer i'm on um or laptop or a laptop

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and it is a regular laptop not a yeah okay so if you have your documents in the file you would open

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Okay. So if you have your documents in the file, you would open that up, right? And have it visible

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on your desktop. And then on the Zoom, you're going to go to the bottom of the screen where

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you'll see a green share button. If you hit that share button and then tap on your documents that

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are open, we'll be able to see your presentation. So not just the board, it's a lot of people in

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the audience who would need to see your presentation as well. Okay. Okay.

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So what I'm going to do is ask you to handle that, right? Yeah. And then I'm going to ask

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chair if we can move on to allow her time to get that together. We most certainly can. Thank you.

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Okay, number four, 2021-003-668-2102 North 20th Street.

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No R.C.O. letter at this point that we see.

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Michael Molloy is the attorney.

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Mr. Molloy?

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Mr. Molloy is coming back in as a panelist, Chief.

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And we'll also, at the same time, be doing MI 2021-003-667-2104 North 20th Street.

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Mr. Malloy, could you state your name and spell for the court reporter, please?

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Thank you, Mr. Chair. It's Michael Malloy, M-A-L-L-O-Y. I'm attorney for the applicant

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RNS Holdings. I'm with the law firm Obermeyer Redmond Maxwell Hipple, address 1500 Market

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Street, Philadelphia, 19102. Do you swear a firm to tell the truth, the whole truth,

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and nothing but the truth? I do. Thank you very much, Mr. Chair. Our vice chair has a few questions

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for you. Hi, Mr. Malloy. Do you agree to waive the reading of the refusal and stipulate to its

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accuracy? Yes, we do. It appears that you have all the required documents. Is that correct?

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that is correct and uh with the with the boards uh if the board would indulge me we also have some

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amended documents uh if i can share my screen we met with the rco on monday and were able to make

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changes to the plan and got an rco letter of non-opposition to our applications today that's

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great so you may proceed thank you very much and if i could share my screen i'll mark my exhibits

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So I'm here on behalf of RNS Holdings, LLC, and we're here to consolidate things for the boards.

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And since it's literally the identical variances, neighboring properties, we're having two cases today, 2102 and 2104 North 20th Street.

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The area is RSA5. It's predominantly residential.

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You'll see that I've marked some exhibits.

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Exhibit A is a proviso application for 2102 North 20th.

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Exhibit B is a revised plan for 2102 North 20th Street.

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Exhibit C, 2104 North 20th proviso application for 2104 and a corresponding plan marked as

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Exhibit D. The refusals for the applications are marked as Exhibit E and F.

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We have some photographs of sites and posting the surrounding area.

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Exhibit H is a rendering.

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Exhibit I, interior floor plans of the two proposed buildings that we're proposing.

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Exhibit J is our letter from the 32nd Democratic Ward of non-opposition to the application.

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Exhibit K is a zoning map.

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Exhibit L are required tax clearances.

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Exhibit M is the RCO letter and the certificate of mailing and affidavit of service.

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Exhibit N is the appeal and the project information form.

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Exhibit O is a copy of the deed showing standing.

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Exhibit P, a map of the multifamily in the area.

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And Exhibit P is the original plan that we submitted that we later changed to accommodate the RCO.

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So what we're talking about here today, and we have with us today Barr Levy.

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He's the architect and we also have Natanel Levy.

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He is here representing RSN Holdings and I can have them sworn in at the end and verify that everything I'm saying is correct or if the board has questions.

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What we're proposing and if I could scroll down to the rendering.

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we see an original rendering of the proposed buildings and we can talk about some of the

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changes but we essentially have two structures containing three

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essentially have two structures containing three units per structure. The first floor unit will

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have access to the basement. It will be one two-story unit. The second floor will have its

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own contained unit and a third floor unit on the third floor. Multifamily, as proposed, is not

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permitted use in the area. We would say that the lots are vacant and that the proposed

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multifamily use fits in with many of the surrounding multifamilies in the area, including

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some that the applicant owns nearby. The community is not objecting to the multifamily and asked for

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some changes to the plan. They appreciated the brick and the facade and the way that the design

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of the structure fit in with the character of the neighborhood. They asked us to change and we

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accepted a provisos and it's in their community of support letter to change the stairs. So they're

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front facing instead of to the side. And if you see the pilot house, which gives access to the

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third floor roof deck space for 2102, they said that's visible, and they'd like us to change that

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to make it less visible from the street at any dimension. So we took that pilot house, which is

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107 square feet shown in that drawing, and we reduced it to 95, excuse me, 95 square feet,

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and that pulled it back, in essence, from your ability to see it from the street.

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and the plans that we've resubmitted, the revised plans, reflect those changes for the front stairs

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and the pilot house. We're requesting two variances. One variance is from

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the actual use in the RSA-5 area, so we're asking for a multi-family use where

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that type of use residentially is prohibited, and then we're asking for a small dimensional

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waiver on both, or variance, I'm sorry, on both applications to accommodate its dimensional

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standards in the occupied area. And we have a good reason for that. If you see on the floor plans

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for each of the units, each unit contains an open space area. And, you know, in the first floor,

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uh let me get to the first floor um hold on i'm sorry go down to the on the first floor i'll keep

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talking on the first floor that area is the the backyard area where there's a small backyard area

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um to to accommodate you know uh both trash um on the streets which is a very very important

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you know to the neighborhood it's one of the things they stressed in their letter

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is to have a trash plan and trash management plan. So for the unit one, that area is in the back,

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that recreational area, that open space area, that trash containment area. In unit two,

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and this is particularly important, and this is why we're pushed over dimensionally for the

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variants, we have an open area in the back. We have a small deck area or balcony off the rear

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of unit two that provides that same you know kind of open space area for the second floor unit and

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then for unit three it would be the roof deck area that would be considered the the open space but

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that little bump out on unit two which we're showing is actually the reason for the variance

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and uh you know we we think that it's a beneficial part of the application and certainly something

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that the community wants so we met with the community we made those changes we're we're now

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front-facing stairs. We've reduced the size of the pilot house on 2102, and we believe that the

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hardship exists. It's a vacant lot, and the density is in conformity with the rest of the neighborhood,

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and we think the community was generally supportive and is also supportive of the

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applicant who, you know, runs a tight ship, doesn't rent to students, has young professionals

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living in the area who are, you know, maintaining the good character of the neighborhood where a lot

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of longtime residents live. So that's our presentation. And I can turn it over to our

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architect and applicant if they want to add anything. And if the board has any questions,

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we're happy to answer them. Why don't we have your applicant come on in? We can

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adopt a testimony. Okay. Nat and L. Levy, are you there?

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Are you there?

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Mr. Levy.

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Good morning.

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Can you hear me?

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Yes.

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Could you state your name and spell it for the court reporter?

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Nathan L. Levy.

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N-E-T-A-N-E-L.

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Last name L-E-V-I.

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Address.

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Go ahead.

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Go ahead.

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

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I do.

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Proceed, Council.

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Natanel, were you present and on the call?

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Did you listen to the testimony that I said?

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I did.

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And would you adopt that testimony as your own?

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I do.

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I have no further questions for the applicant.

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If you want to go through anything.

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Maybe Barr Levy, the architect, if we could just get him in to adopt the testimony.

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Sure.

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All right, are you here?

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Barr, hi, it's Mike.

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Could you state your name, please, and spell it for the court reporter?

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Yes, Chair.

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Barr Levy, B-A-R, last name Levy, L-E-V-Y.

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

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I do.

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Thank you very much, Mr. Levy. Were you present on the Zoom when you heard me state our testimony today?

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And would you adopt that testimony as your own?

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Yes, I do.

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Thank you. I have no further questions for Mr. Levy.

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Any questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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Mr. Malloy, one quick question. Second and third floor, where do you store trash?

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uh second floor and mr levy's here to answer that because second floor that would be the outdoor

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area that we're providing that gives us that that bump um in the in the exterior right

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third floor third floor the roof deck the roof deck you put trash on the roof

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um we think that's the place where it should be yeah that's the outdoor space provided on the

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third floor i mean i i think if you want to put your trash outside and you live on the third floor

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the roof deck is where it's going.

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And we're going to put, you know, the trash is important.

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And I know, you know, Mr. Levy can testify to rules and regulations that he'll put in place for his tenants.

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Okay, thank you.

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Questions from the virtual audience or comments?

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I see no hands, Chair.

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Planning Commission.

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Good morning, Chair Bergman, David Fecteau, F-E-C-T-E-A-U, with the City Planning Commission.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth.

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Yes, sir, I do.

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Mr. Chairman, Ian had to step away for a minute, so I'm taking over for a few minutes.

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Sure.

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Mr. Chairman, members of the board, in 2014, the zoning map was amended at this location to residential single-family attached in accord with the recommendations from the comprehensive plan.

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While these properties previously contained multifamily uses, the sites are currently vacant land.

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While we do not believe that the applicant has established a use hardship related to the physical condition of the property, but we appreciate the changes and note that there are at least 18 other properties on this block with documented legal multifamily uses.

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So the dimensional variances are minimal, and the City Planning Commission is going to recommend that the board grant the use and dimensional variances for both appeals.

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Thank you.

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MI-2021-003668-2102-North 20th. MI-2021-003667-2104-North 20th. I vote both to yes.

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Carol Tenere, I vote yes to both.

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Thomas Holloman, I vote yes to both.

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James Snell, yes to both.

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Ishmael Shahid, I vote yes.

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both. Tanya, please add me back on to the call. Thank you, sir. Thank you very much. I appreciate

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your time. Thank you. Thank you. Tanya, how are we doing with that other case?

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Let's check. Ms. Hardaway, is it? Yep. Ms. Hardaway, are you ready to proceed?

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unmute yourself? Yes. Are you ready to proceed? Yes. Proceed.

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Yes. Are you ready to proceed? Yes. Proceed. The vice chair requested pictures. So here's the pictures. This is the front of the house. No, no, no. We don't see it. We're not seeing it.

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I shared my screen. Did you hit your screen on the bottom? Yes. Did you hit the green share screen? Yes.

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and did you hit your documents we don't see it yeah i hit the documents

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oh sorry can you see it now um no you can go ahead um pauline do you have more than one monitor

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yes and just can you make sure that you're sharing the correct monitor

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yes and you'll need to unshare and then reshare

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I'm sharing now. Can you see the documents? No, we just see your desktop. So click on

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your documents if they're right at the bottom. Yes. There we go. Yes. Can you enlarge it

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a little uh i'm sorry no excuse me i'm right up above there's like um the magnifying glass

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along the top up go move your mouse up just a little bit

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and you'll see um there's a trash can and it's the left of that are two magnificent yeah there

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you go yes got it miss hardaway there we go i'm sorry everyone that's okay we're gonna help you

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This is the front of the house, 1936 West Erie.

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This is the proposed area that my son lives in now, and we wanted to use this area as a single family dwelling.

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And then here is the proposed plan.

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This is the area.

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