civus
Hearing video

ZBA Hearing - April 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 10, 20246h 50m

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

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And number one is MI 2023-006-516-401 East Roosevelt Boulevard.

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Mr. James Snell will be handling this vote on this property.

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I am recused.

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Okay, thanks, Mr. Chairman.

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This is for the use as a child care center.

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on the first and second floor, and assembly and entertainment in the basement in an existing

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structure. The refusals are child care center and assembly and entertainment uses are prohibited

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in the RSA 5 zoning area or zoning district, and multiple principal uses are prohibited

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in the RSA 5 zoning district we have a letter of support from the new 42nd ward RCO with a proviso

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limiting their support to the child care center use only we also have a letter of non-opposition

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from council member Lozada so uh Mr. Snell yes sorry I just wanted to interject to note that

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we've received an amended refusal on this case that adds two additional uses to the property

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one an educational facility and two personal services for a boys and girls club that personal

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that personal services use generated one additional use refusal on this application.

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services use generated one additional use refusal on the

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Gotcha. Okay. Okay. All right. So you want me to read that out, Hillary? I see it here on the

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applicant now request. Is it how many uses, Hillary? They have listed here. Four uses.

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Four uses. Okay. That's child care center, which is on the second floor, educational facility on

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the third personal services that's the uh boys and girls club on the first floor and assembly

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and entertainment which is also on the first floor um okay so uh the educational facility

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use was previously approved at the location so uh we're going to vote on this uh i'm going to vote

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yes with proviso per amended refusal dated March 22nd, 2024. Temporary variance for all uses expiring

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April 30th, 2026. My vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.

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LeBaron Leonard Palmer, my vote is yes with proviso. Thank you, Jim. Thank you. Number two,

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MI 2024, 000149, 2350 East Albert Street, I vote no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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Number three, MI 2024, 000227, 100018 West Sedgley Street, I vote yes.

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Thomas Holloman, my vote is yes

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James Snell, my vote is yes

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Number four, MI 2024, 000276, 1020-30 West Sedgley Street, I vote yes

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Thomas Holloman, my vote is yes

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James Snell, my vote is yes

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Okay, we're going to go to our regular list

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And we're going to start with number four, MI 2024-000-108-2448 Kensington Avenue.

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Jarrett Klein is the attorney.

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There's a recommendation of non-opposition from the East Kensington Neighborhood Association.

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And there's also a letter of non-opposition from Council Member Lozada.

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Mr. Klein.

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Good afternoon, Mr. Chair, members of the board.

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Mr. Klein, could you state your name and then spell it, please, for the court's sonographer?

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Certainly. It is Jared, J-A-R-E-D, last name Klein, K-L-E-I-N, from Notcomson, PC, 1 South Broad Street.

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

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Yes, I do.

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Could you identify your client in relationship to this property?

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Certainly. My client is Vu Lee, who is the owner of the property and joining us today online.

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Okay, and Mr. Holloman has a few questions for you.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes, I do.

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Did you email all of the exhibits and documents as required five days in advance to this hearing?

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I did.

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Thank you.

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Please proceed and share your screen.

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Thank you.

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Is that visible for the board?

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We can.

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Yes.

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So we're here for 2448 Kensington Avenue, and this on the cover page before you is a rendering of what we hope the completed project will look like.

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The refusal that we received is for both use and the dimensional requirements of the code.

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We're zoned CMX2 because we're along the Kensington Avenue commercial corridor.

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And so the maximum number of dwelling units would be two. We are seeking use as a triplex

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while also maintaining the commercial space requirement on the first floor. So we are

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offering the ground floor commercial as required by code, but we're seeking an additional residential

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unit. And then there's a 75 percent maximum occupancy and we're at 983 square feet and the

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code would limit us at 863 square feet. As I'll show you as we go through, we're matching pretty

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closely the existing structures around us and the lot size we think justifies the variance that

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we're seeking. Just for context, these are other properties in the immediate area that have been

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approved by the board for multifamily. This is 2464. Kensington was approved for four units.

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This is 2464 Kensington was approved for four units and 2440 Kensington was approved for 10 units.

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So there is documentation of other uses in the area.

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Similarly, we've created a map of other nearby similarly zoned properties that also exceed the 75% lot coverage.

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Those are the properties that are highlighted in red on this map.

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this is our property here. So as the board can see, the 75% lot coverage has been exceeded on

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all the properties next to us on both sides of the street and all along Kensington Avenue.

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To contextualize this for the board, this is our lot here.

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And some pictures of the street. This is the existing lot as it stands right now.

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It is a vacant lot. It's overgrown and has existed in this condition for some time.

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Photograph of our posting notice on the front of the building.

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And these are some shots of Kensington Avenue.

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We know the board is very familiar with this.

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But just to give context to the surrounding area, we are right under the L and on the commercial corridor,

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which is why we think the additional one unit of density is appropriate trying to drive traffic to

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that existing commercial corridor. You've seen this photo already but this is a rendering of

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what the building would look like upon completion and zoning site plan showing how we're fitting in

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with the other buildings adjacent to us. Important to note that we do have a three-foot alley behind

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us that runs on a diagonal, and that creates a condition where we're losing a certain amount

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of square footage from the rear yard area. If we were to box this out and capture what the square

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footage would be if it had remained a rectangle, we're pretty close to meeting that open area

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requirement by right. So the refusal is really being driven by this diagonal line that runs

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along the back of the property that takes away that square footage. These are existing

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Bringing perspective shots to the left and right of where the building would be, and then elevations to show us in context with the completed structure.

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We also have the side. We do have a pilot house that is set back appropriately on both sides, and we're height compliant as well.

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And floor plans that show the three proposed units with roof deck space.

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um we did meet uh with the RCO I believe I heard the chair summarizing it as I came in

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uh it was a low attended meeting though it was a very sufficiently advertised but all three

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attendees were in support of the project uh and then there was also a letter uh from Councilman

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Councilwoman Lozada's office uh also in non-opposition um with that I would like to

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have Vu Li raise their hand and briefly adopt my testimony if they're online.

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Vu Li has been allowed to speak.

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Mike, could you please state your name and spell for the court stenographer?

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Hi, can you hear me?

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Yes, I can.

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Hi, my name is Vu Li.

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First name is V.S. Victor Yu.

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Last name is L.E.

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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, counsel.

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Thank you.

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Vu, did you have a chance to hear my statements this afternoon?

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Yes.

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And do you adopt them as true, correct, and your own if you've been given a longer chance to testify?

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Yes.

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Great.

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We don't have anything further, Mr. Chair, but are happy to answer any questions.

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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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Questions or comments from our attorney, Hillary Emerson?

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No.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Chair, we have a Lorraine Mueller with your hand raised.

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They have been allowed to speak.

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Hi, could you state your name, please, and spell for the court stenographer?

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Lorraine?

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Hi, yes, my name is Lori Mueller, and I'm interested.

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Hold on a minute.

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

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okay well i'll give you my full first name lorraine l-o-r-r-a-i-n-e mueller is m-u-e-double-l-e-r

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right do you swear or firm to tell the truth the whole truth nothing but the truth

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i do are you a neighbor yes okay please proceed okay is this in regards to the friary

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that's a zoning meeting that i wanted to attend which one was that ma'am

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Okay, on the Academy Road by Archie.

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Okay, on Academy Road by...

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No, no, no, ma'am, this is Kendigdon Abner.

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No, no, no, ma'am. This is Kendigdon Avenue.

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Okay, well, when are you going to come to that one?

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This was the information.

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Well, I'll get to that shortly. Thank you.

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Is there anyone else in the virtual audience?

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No hands, Chair.

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Planning Commission.

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I'm sorry, Chair. We did just have a hand.

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And Therese Ford, they have been allowed to speak.

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Hi, could you please state your name and spell for the court stenographer?

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Okay.

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hello

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okay can you hear me now yes yes could you please state your name and spell for the court

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artrice ford a-r-t-r-i-c-e last name ford f-o-r-d you swear or firm to tell the truth

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the whole truth nothing wait a minute wait a minute wait a minute why i'm state why what's

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all this no i'm here for a zoom meeting this is a zoom meeting ma'am it's about kensington avenue

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oh no this i was informed this is on winsome street no it's not ma'am it's not uh and just

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to reiterate for the record the winsome street case has been continued okay thank you um is

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there anyone else in the virtual audience there are no hands cleaning commission

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Thank you, Chair Bergman, Sarah Bond, S-A-R-A-H-B-A-N-H.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed.

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Thank you, sir. The comprehensive plan recommends no change to the existing commercial mixed-use zoning.

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The dimensional requirements of the zoning code do not create an economic detriment for the appellant.

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Additionally, the appellant has not shown that the property cannot possibly be used in strict conformity with the zoning code and that a variance is therefore necessary to enable the viable economic use of the property.

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The appellant chose not to take advantage of the mixed income housing bonus that would have allowed for an additional unit.

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The City Planning Commission recommends that the zoning board deny the use and dimensional variances.

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Thank you.

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So MI 2024-000-108-2448 Kensington Avenue, I vote yes with a proviso. Use registration required prior to occupancy for vacant commercial space.

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Thomas Holliman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Counsel, could you stay on for number six?

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Certainly.

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So MI 2024-000-311-1715-R-McKean Street.

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Mr. Klein is the counsel.

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There's a recommendation of support from the East Point Breeze neighbors.

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Mr. Klein, could you, just for the record, state your name?

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Certainly.

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Jared Klein from Knockamson, PC, on behalf of the tenant.

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Right.

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Could you identify your client, a relationship to this property?

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Certainly. My client is Holly Danessi.

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She's joining me online today, and she is the tenant for the subject space.

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And Mr. Holloman has a few questions, sir.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal and stipulate to his accuracy?

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Yes, I do.

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Did you email all the exhibits and documents as required five days in advance to this hearing?

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I did.

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Thank you. Please proceed and share your screen.

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Thank you, Mr. Holloman.

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So we are now here for 1715 R McCain Street, and the application before you is for body art services, essentially a very high end tattoo artists space.

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Just to give the board some context before I get into the majority of the of the presentation, Holly's is really a tattoo artist.

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She does not do sort of the South Street style walk in and get a tattoo.

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She is a by appointment only artist who really the best way I can describe what she does

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is she's an artist, but her canvas is human skin as opposed to paper or or other other

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materials.

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And so it's important to keep that in mind as I go through the presentation.

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The parcel that we have is zoned I-2.

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and body art services is unfortunately prohibited in that space. The property at 1715 R McKean

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is interesting. This is our lot here. There's a front portion of the building that fronts onto

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