civus
Hearing video

ZBA Hearing - October 6, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 6, 20206h 49m

and we'll give tanya a few minutes if she needs it yes they're coming in slowly

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Thank you.

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okay chair I'm ready when you are

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thank you good morning everyone my name is Frank DiCicco I'm the chair of the zoning board of

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adjustment I'll be participating in today's hearings along with our board secretary confessor

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plaza and board members Mr. Thomas Holloman and Mr. James Snell board administrator Tanya

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Sunkit and Board Attorney Sharon Saleta are also in attendance. For those of you who haven't yet

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participated in one of our virtual hearings, I'll go through some of the basics of what you can

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expect. First, we will be administering oaths to individual participants prior to their testimony.

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Second, for the benefit of anyone participating by phone, we ask that attorneys and witnesses

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identify themselves prior to speaking or testifying. Third, we'd like to advise everyone

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that this proceeding is being recorded and that by participating, you acknowledge your agreement

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to be recorded. Fourth, for anyone participating by phone, if you wish to testify, you must raise

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your hand by hitting star nine and then star six to unmute yourself. I'll repeat. For anyone

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participating by phone. If you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. Finally, to enter an appearance statement, call Google

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267-270-5548 and leave your email address and the address of the property at issue.

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I'll repeat that also. To enter an appearance statement, call Google 267-270-5548 and leave

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your email address and the address of the property at issue. With that said, we can begin,

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but before Mr. Plaza calls our first case, we'd like to ask if anyone is requesting a continuance

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or withdrawal of an appeal that to be heard this morning if so please raise your hand

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and i'll have a further announcement about continuance once we get past this

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i have no hands up chair okay this also was brought to my attention this morning

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by Ms. Saleta that a number of city council members

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may be requesting continuances.

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So if there are any members of city council,

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representing any members of city council,

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would you please raise your hand at this time?

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Chair, I do have a request from the RCO

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for number two, 1407 West Grange Street

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and um a letter from councilwoman best saying that she supports the request

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rachel pritzker is the attorney for the applicant is rachel long

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good morning good morning rachel uh you swear for him to tell the truth

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the whole truth and nothing but the truth yes please state your full name rachel r-a-c-h-a-e-l

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p-r-i-t-z-k-e-r 1635 market street suite 1600 philadelphia pa 19103 you uh have you heard did

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you hear sharon uh i did so we'd like to at least put our case on we have reached out to the rco and

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the council office a number of times over the past couple months and not gotten anything in

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return we then finally got an answer from the RCO I think was last week and

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then yesterday about the continuance we've met all the posting requirements

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about the continuance um we've met all the posting requirements and everything so we would

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and

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like to see if we could put the case on and then um i believe we have worked out with them a date

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for an rco meeting but we've we reached out to them an incredible amount of times and don't want

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to have to push this you know forward more than we have to if possible so are you suggesting that

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they are aware that the continuance was going to be requested and that you were going to ask us to

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go and hold here and hold we I just heard from them yesterday so we had been we had been asked

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to send them documents we did we didn't get a hold of them until last week so I wasn't able to even

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speak with them about any of this because they didn't respond to any of our emails and quite

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frankly neither did the council office so I'm happy to have the RCO meeting but we don't want

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to continue this for a couple more months given that we did everything on our end and would like

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put the case on and then can happily have the community meeting you know and and within a

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reasonable time period hopefully anyone from the councilwoman's office no hands okay we'll hear

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the case and that will hold all right thank you mr chair any other requests for continuances or

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withdrawals no hands chair thank you um let's see let me get my notes here uh all right uh

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Okay, Mr. Plaza, please call the first case.

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Sure. Meeting item MI 2020-000318. Address is 108 North 57th Street.

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This is Sharon. Also, the attorney for this case, Joe Consol, is also the attorney on the first add-on on the list.

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so I got that I'll call that next thank you thank you yeah we'll hear 57th street

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north 57th street first and then we'll do the uh Sprague street after that okay

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Mr. Counsel good morning good morning Mr. Counsel do you agree and wait uh do you agree

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to waive the reading of its refusal and stipulate to its accuracy i do and do you affirm a swear to

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tell the truth the whole truth for nothing but the truth i do and have you submitted an email

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the package with the required documents including proof of ownership proof of tax compliance

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a copy of the refusal or referral photos of the property in advance five days in advance of this

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hearing i have thank you have you met with the rco we did meet with the rco thank you you may

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put your name and address for the record please uh first of all am i sharing my my uh my zoning

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packet or did i did i do that correctly yes yes great uh for the record my name is joseph

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console. My address is 1 West 3rd Street, Suite 204, Media, Pennsylvania, 19063.

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I'm here on meeting ID MI 2020, 000318. Property is 108 North 57th Street. That's 57th between

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Arch and Sherry. The property goes straight through from 57th Street to Alden Street.

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The owner is Invest Realty 2, and Representative Sidney Shaw is on this call.

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It's a 1,245-square-foot property.

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There is an application and a refusal for a two-family dwelling on an RSA 5-zoned property.

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The zoning archive contains an application for a two-family dwelling from 2006.

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There's no permit or refusal that I could find in the archive.

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However, the property was turned into a two-family dwelling at that time

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and occupied by two families until recently.

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At some point, the property fell into disrepair.

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However, my clients bought the property four years ago

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and have since, let me pull it up,

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been able to pull two-family rental licenses

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and uh fixed the property up and had two families in the property um so we've they where is it

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so there was a vacant license issued in 2015 the year they bought it they

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So there was a vacant license issued in 2015, the year they bought it.

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They were able to get two-unit rental licenses after they fixed it up and had rented it out.

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They got those for 2017, 2018, and 2019.

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In 2020, they were packaging the property for resale and figured out there was no use permit on file.

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So these are all two-unit rental licenses.

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uh so they uh contacted me in february we applied and um we now here here we are obviously because

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of the delays that that we had um the property i've got a little bit of a floor plan and some

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pictures property looks like this according to the neighbors that came to the rco meeting

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The property has been a two-unit since 2006.

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Some internal photos from when they were trying to package it.

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And a floor plan exists up here.

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We met with the RCO on July 29th.

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We got unanimous support.

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That letter came in this morning.

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uh we sent it actually i believe the rco sent it over to you guys directly i also put a copy

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into my packet which is page 36 i'm sorry

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which is achievability and miss tempest carter

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uh that that's really the the whole project i don't believe uh i have anything else to say

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on that if there's any questions let me know witness you want to put on uh is mr sydney shaw

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available putting his hand up

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hello good morning sir please uh identify yourself for the record spell

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your first and last name hello oh hi yes uh my name is sydney

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shall we and uh i represent the uh yes it's sydney is s-i-d-n-u-y s as in sam s-i-d-n-u-y

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and my last name is s as in sam h-a-u-y we're in front of tell the truth the whole truth and

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nothing but the truth yes i do good morning sydney good morning

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good morning joe good morning have you heard uh my testimony this morning

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uh yes i just i just heard now right yes yes correct do you do you adopt that uh as your own

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as representative of invest realty llc exactly on behalf of of some of my partners correct

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okay great uh do you have anything you'd like to add to to this discussion regarding anything that

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i said yes i just wanted to um to to to just summarize real quick um uh you know it's when

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we bought the property we bought it as a two unit as when we um you know we applied for uh for rental

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licenses as just joe showed you know for all the years that we owned the property always as a two

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unit so uh you know we legally uh rented that as two units you know as two families you see number

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number of units two right that's right there and and you if you look at the

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dates that's 2017 to 2018 right so we we had this all the time so for us we

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never we never thought this this could have a problem with with renting as a

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two-unit and then into 2020 I don't mean to interrupt but your

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your counsel has already explained that okay all right yes yes to have something new and different

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fine if not we will accept his testimony thank you no that's good that's good i just wanted to

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stress this point out all right thank you sir thank you thank you questions from the board no

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no no anyone else wish to testify in this case if so please raise your hand

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answer this time thank you planning commission good morning mr chairman and members of the board

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david effecto f e c t e a u with the planning commission

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

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yes sir i do thank you david please proceed thank you sir mr chairman

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yes sir i do thank you david please proceed thank you sir mr chairman and members of the board

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this property is indicated for residential single-family use on the city's comprehensive

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plan this appears to be a pre-existing duplex we do not believe that continuing this use

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will have an adverse impact on the block accordingly we recommend the variants be granted

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thank you mi-2020-000318 108 north 57th street my vote is yes my vote is yes my vote is yes

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my vote is yes thank you board and i'll stay on for sprake street yeah confessor we're going to

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do the ad on Sprague Street next. You have that one? Yes. Okay. MI 2020 00067, I'm sorry, 0767 5625

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Sprague Street. Mr. Counsel, you agree to waive the region of its refusal and stipulate to its

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accuracy i do yes okay and have you submitted uh the packet your exhibit package uh with the

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required documents including proof of uh ownership uh tech compliance and a copy of your refusal or

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referral yes sir prior to this hearing yes sir this is a follow-up to a presentation that we put

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on on september 16th gotcha okay great uh we put on the uh the presentation on september 16th uh

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without having had an rco meeting uh this is uh the 12th board democratic

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committee uh coordinating rco at the time told us

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they could not host us um that that morning of the zba meeting

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mr richardson from cindy bass's office appeared on here and stated that the

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board um that that uh he would work say to the

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board that he would organize an rco meeting for us

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uh we heard the case um but it was to return today pending the rco meeting

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Mr. Richardson and I spoke that day we emailed that day but since then I've

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sent him I can't I can't tell you how many emails and calls and I haven't got

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gotten any kind of response we don't believe this is a controversial

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variance we're asking to I'll show you the picture to not include commercial

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space on a CMX2 property in this row of properties that is all residential it's

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near the intersection of East Shelton and Worcester in East Germantown.

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So I have nothing to add except for my RCO information.

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What was the position of the RCO?

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The 12th Ward said they could not host us.

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Okay.

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The Anthony Bass's office said that they would help, but they haven't called me or responded

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to any of my calls since that day.

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Thank you.

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Here we have Charles Richardson.

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The Richardson.

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good morning good morning charles richardson councilwoman cindy bass's office

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please excuse me you swear to firm to tell the truth the whole truth and nothing but the truth

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i do please proceed uh yeah you know i don't recall having heard from mr consul and you know

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to be quite honest and we haven't received a whole lot of calls or anything along those lines

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just to make sure that the record is clear. We have not received those calls or a lot of emails

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other than possibly one. I cannot speak to the fact that this 12th Ward has not responded to

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the request at this point in time. We will cede to the board to whatever you guys would like to do

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with regard to this case but please be be clear we have not had a lot of communication back and

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forth okay thank you thank you um questions from the board no no planning commission

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good morning uh mr chairman david effecto with the city planning commission

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this property is indicated for residential single family use on the city's comprehensive plan

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We do not oppose the proposal for not including commercial space on the ground floor.

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However, we would like to see a reduction in the proposed number of dwelling units.

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Any recommendation on the number of units?

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We would like to see it reduced to two units.

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No number.

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Excuse me, this is Sharon.

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Do we know if there was a refusal for the number of units?

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at that

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mr council you're you're muted

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the hi um this was not a refusal for units this is a cmx2 district

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um i have the refusal refusal had to do with the commercial on the first floor

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um i have the refusal refusal had to do with the commercial

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yeah let me uh oh my sharing stopped let me get that back up

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can you guys see that yes

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okay

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okay all right um

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um actually the refusal does reference the number of units um saying that three dwelling units

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pardon me right yes all right i see it now okay all right we'll submit to the board's wisdom on

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on on the number of units understood uh mi 2020 dash zero zero zero seven six seven

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five six two five sprake street my vote is yes with proviso maximum three uh residential units

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yes for proviso yes with proviso yes with proviso thank you board good luck okay

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Calendar number MI2020-001230. Address is 1407R-09 West Grange Avenue.

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Rachel, good morning. You agree to waive the reading of its refusal and stipulate to its

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accuracy no so we i'm gonna have my colleague brandon saverin one moment uh do you uh submitted

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the required documents uh proof of ownership tax compliance a copy of your refusal uh or referral

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photos uh five days prior to this hearing yes thank you do you swear and affirm to tell the

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truth the whole truth and nothing but the truth yes thank you um i'm gonna have my colleague so

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