civus
Hearing video

ZBA Hearing - July 20, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 20, 20224h 5m

on the code considerations um why we uh why we had to uh keep those refusals for some of the

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dimensional considerations i just think you'll do a better job speaking to that than i will yeah

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All right. So Rachel, please do me a favor and run through the remaining refusals.

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Yeah, so the refusals that we still have is for multifamily use, which I already touched

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on. The refusal for proposing an attached building, refusal for surface parking, which

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has been removed conventional refusal for no yard along the side street abbotsford i believe that we

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had mentioned in our appeal the examiner's refusal erroneously called this missing setback a front

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yard setback but that's incorrect because wayne avenue not abbotsford was designated the front

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street by the planning commission so i think it's just missing that the setback is a side yard setback

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and i already went over the parking so just the um attached building and for the side yard

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yeah so i can actually touch on that we're actually complying with that now at this point

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um so i understand it's a little bit confusing to call it a front setback but the zoning code

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does determine that uh abbotsford ave here is considered a frontage so that was where that

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front setback stemmed from as part of the continued back and forth with the neighborhood

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between Rachel, myself and the client. We ended up complying with that and having or we complied

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with it up to a five foot setback. So I believe we may still be short three feet. We need eight

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feet. So it's currently five feet to a planter box, but the building face itself is eight feet.

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so we should be complying with that at this point and then just um the other revisions we've made

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is just based on the use and then just can you quickly touch on the attached structure

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yeah so we're no longer considered an attached structure at this point because we are providing

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the frontage along Abbotsford Ave. We are a semi-detached structure, which is allowed

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by Wright in this zoning district. Great. Does the board want to hear anything specifically?

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Would you like him to go through the floor plans or anything? I think we're fine. I think

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floor plans or anything i i think we're fine i think you we're fine okay great so the only

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Thank you.

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refusal we would have that was just for the use which again we've reduced from six units to three

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at this point um if i could call um adam pritzker to um as the as an owner of this project to just

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adopt my testimony. Hello? Hi, could you state your name and spell it for the court reporter,

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please? Yep, Adam Pritzker, A-D-A-M-P-R-I-T-Z-K-E-R. Do you swear or firm to tell the truth,

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the whole truth, and nothing but the truth? Yes, I do. Proceed, counsel. Thank you. Adam,

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have you heard my testimony today? Do you believe it to be true and accurate, and do you adopt it

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as your own? Yes, I do. Thank you. Thank you. Questions from the board? No, Mr. Chairman.

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No, Mr. Chairman. Questions or comments from the virtual audience?

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I see no hands, Chair. Planning Commissioner. Chairman, sorry to interrupt. Would it be okay

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for charles richardson to speak is he there yes okay sure thank you all right mr richardson

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mr richardson here we go now i can unmute thank thank you you've already been sworn

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uh yes mr chair the councilwoman has no opposition to granting this variance

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thank you very much for calling in planning commission

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good afternoon chair and members of the board this is greg walden from planning commission staff

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the comprehensive plan recommends a zoning map change from rsa 3 to rm1 at this location

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as noted by uh the appellant the proposed dwelling unit density and full conform to

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the recommended zoning district the city planning commission recommends that the

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board grant the variances thank you uh hillary is there in the revised plans is the three units in

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there yes that is in the revised plan thank you you can add a separate proviso but it's already

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in the revised plan. All right. MI 2021-003-712-4628 Wayne Avenue. Proviso. Revised plan,

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one page, stamp by ZBA on July 30th, 2022. No more than three units.

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Harold Tenere, my vote is yes with Proviso. Thomas Holloman, my vote is yes with Proviso.

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James Snell. My vote is yes for proviso. Thank you, Council. Hey, everybody, let's take a five

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minute break. I'm sorry. I'm sorry, Chairman. This is Tanya. Did I hear a date of July 30th?

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July 20, 2022. Thank you, Chair. Let's take a five minute break and we'll come back and

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finish the afternoon list. Thank you, everyone. Thank you.

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Thank you.

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Thank you.

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Thank you.

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You

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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Thank you.

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We're almost done.

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I know.

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this cord to my computer is so short and i can't remember where the extension cord is

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your office busy car are we we're good we're good i'm back we're ready to go here i am

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i just wanted to make sure our court reporter is back in the right i am thank you all right john

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I just wanted to make sure our court reporter is back in the right.

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as you wish chair okay um before i start the 330 list is there anybody in the audience whose case

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was not called on the 2 p.m list i see no hands here we're going to the 330 list

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My name is Bill Bergman and I will be chairing this 3.30

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hearings. With me is Carol Tenere, our Vice Chair.

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Present, Mr. Chairman. Thomas Holliman, our

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Board Member. Present, Mr. Chairman. And James Snell, our Board

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Member. Present, Mr. Chairman.

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Also, our Executive Director, Tanya Sunkit, and our

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Board Attorney, Hillary Emerson. Here's our

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virtual format. Be advised that proceedings are being recorded. By participating, you acknowledge

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your agreement to be recorded. A video will be available by contacting tonyasunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves

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before testifying. If you are participating in my phone, if you wish to testify, press star 9

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to raise your hand and star six to unmute. To enter an appearance statement, call 267-270-5548,

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leave your email, and the address of the property in question. And last, please note the question

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and answer box is not for testimony or comments. Any comments should be directed to our executive

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of Director, Tanya Sunken. Let's look at the continuities for this afternoon. Number four,

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MI 2021-003-955-407 West Cayuga Street. And number seven, MI 2022-001-314-90Fest

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West Boston Street. That's a continuance. Attorney moving parties. Attorney will have to get back to

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us within 90 days. So case four and seven are both continued. Is there anyone in the virtual

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audience has a comment relative to these cases? I see no handshare. Are there any other requests

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for continuances for the 3-30 list. Chair, we have Eric Taskin.

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Okay. Hi, could you state your name and spell please for the court reporter?

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Can you hear me? We can. Hi, I'm Eric Taskin. I represent the owners of 2622 East Allegheny.

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My name is spelled E-R-I-K-T-A-S-K-I-N.

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Right.

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

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I do.

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Your request of continuing, sir?

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Yes, there is an issue with the proviso plan.

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We need to, we are seeking leave to amend the refusal because we changed the scope of the project.

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And there was a little bit of a mishap and we found out about that this morning.

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All right. Thank you very much, Mr. Taskin. MI 2021-003-767-2622, East Allegheny Avenue. This case is continued.

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Okay. Any other requests for continuances?

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Yes, Chair. We have Ms. Carter.

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Okay. Hi, Ms. Carter. Could you state your name and spell for the court reporter?

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i don't see an audio button miss carter can you try speaking

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yeah it might be something with um pauline do you see audio for her or speaking microphone

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I see the microphone, Ms. Sunkit.

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Oh, you do?

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Yes, but she's doing the thing.

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Yeah, now you just need to unmute.

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Ms. Carter, can you unmute?

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Just hover towards the bottom left of your screen and click the mute button.

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Ms. Carter?

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You might need to go out and come back in, Ms. Carter.

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Like leave the Zoom and then join back in.

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did she go back out um not yet it looks like it's technical difficulties with her chair

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and it should why don't we we'll go why don't we we'll go back to her so why don't i go to

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number two okay yes mi 2021 004664 2030 north carlisle street attorney is verne anastasia

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no rco letter from the 30 sec democratic award

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good afternoon mr chair hi you've already been sworn yep um could you identify your client the

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relationship to the property yeah carlisle street is at least carroll who is with us uh this

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afternoon okay our vice chair has a few questions yes sir do you agree to wave the reading of the

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refusal and stipulations accuracy i do have you emailed the exhibit packet consisting of proof

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of ownership tax compliance refusal referral photos under plans of the property five days

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in advance of this hearing and have you met with the rco and do you have a letter i have everything

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but a letter. Okay, you still may proceed and begin to share. You have your screen. Thank you,

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Ms. Vice Chair. 2030 North Carlisle Street is for the construction of a rear two-story addition

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and a third floor addition on an existing two-story structure for use as a three-family

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dwelling. We did in fact meet with the RCO. They had some very good constructive feedback. They

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asked for no, based on the original plans, they asked that we eliminate the roof deck, which we

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have. They also asked that we eliminate the bedrooms in any basement, and we did that as well.

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here is the the existing structure and on the first level when you come into the foyer

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you would open into a large living room dining room eating kitchen you'd have a bedroom at each

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end downstairs in the in the basement level with a with a well you'd have a large media living room

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and some storage area for trash and other items on the second floor up the stairs you have a nice

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size 582 square foot two-bedroom apartment with open living space with a nice size l-shaped

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kitchen and a living room and then on the third floor another apartment with a dedicated trash

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closet so that trash could be stored prior to trash day. Now, this property is in fact zoned

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SPINS, so it spins, which is, as you all know, it's kind of unusual. This whole block on both

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sides was in fact, I guess, classified to be part of the university and student housing,

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but that never came to pass instead what we have are residential homes we we have a refusal

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based on the fact that there's residential uh period uh in in a spins district uh what is

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prohibited is any any house so what's happening how can i get to the zoom let me get to this

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anyway uh uh what is uh what's prohibited is any household living be it single family duplex

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triplex no household living is is uh is permitted in spins uh we believe that the hardship here is

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the fact that it was inadvertently included in the spins district and therefore uh household

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living should be permitted. And we did, in fact, listen to the RCO in eliminating those particular

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elements of our proposal that would be detrimental to the community. We've removed all basement

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bedrooms, we've removed all roof decks, and we have dedicated trash space for each of the three

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units. And with that, we also met with them twice. Here's December 22, 123 individual households

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mailed. And then again, in June of 2022, 122 individual households mailed. With that, I'd

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like to ask my client, Elise Carroll, to raise her virtual hand. Here's the flyer that went out as

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Here's the flyer that went out as well, so that she can be promoted to the panel.

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well so that she can be promoted.

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Ms. Carroll, you're free to speak.

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

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Yes, it's Elise Carroll, E-L-Y-S-E-K-A-R-O-L.

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

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Yes.

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proceed. Thank you, Mr. Chair. Ms. Carroll, did you hear my presentation to the board this

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afternoon? Yes, I did. Is it true and accurate to the best of your knowledge? Yes. And do you

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adopt it as your own testimony? I do, yes. Thank you. Mr. Chair, the block is resplendent with

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multifamily dwellings up and down the block. Again, this spins district. I think it's just

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was just a I think a mistake or whatever planning that there was when it was designated just

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there was no follow-through and this is why we're here today thank you questions from the board

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no Mr. Chair no Mr. Chair

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questions from the virtual audience Mr. Chair this is Hillary um Mr. Anastasio are there um revised

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plans for this project you mentioned some changes that have been made in response to

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um the rco although we haven't received their letter yet they're uh they're

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any revisions were interior only nothing exterior okay

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so we may want to put those in if the board grants as as provide those not as revised plans

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You know what, because there's no roof deck in the revised plans, I think it's probably a good idea to note, because in the initial plans, there were in fact, there wasn't in fact a roof deck.

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So we may want to refer to these plans dated 4-27-22.

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and i'll get you uh miss emerson uh a proviso um new plans document that you can then stamp

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okay that would be great and note the bedrooms in the basement as well as the removal of the

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roof that's correct that's correct no bedrooms no basement bedrooms at all all right thank you

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questions from the virtual audience i see no handshare planning commission

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this is uh ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r

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do you swear a firm to tell the truth the whole truth nothing but the truth

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i do proceed ron uh this property is currently indicated for a special purpose and thus

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institutional neighborhood zoning on city plan in 2014 we remapped the neighborhood but our

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proposed changes to rm1 were not approved as an amendment to the existing campus master plan

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we therefore recommend that the requested variance be granted provided maximum two-bedroom units only

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say that again ron we're actually uh we what we're recommending is that the requested variance

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be granted provided maximum two units only okay all right thank you thank you mi 2021

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one zero zero four six six four i vote yes proviso no roof deck no bedrooms and basement

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do you want to refer to the the past date that he has it's yes uh yes per the plans uh dated

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april 27 2022 we'll snit hold on facility look there'll be the plans that will be stamped today

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so um that just say revised plans how many pages would that be verne one page hillary

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one page so revised plans one page stamped by zba july 20th 2022. revised plans stamped by zba

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7 2022.

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thank you

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I'm sorry Tom my vote is yes with provisos Carol Toneri Thomas Hallman my vote is yes

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with provisos James Snell yes with provisos okay thank you Vern I think we're uh let's see here

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got another one for me yeah i have another one for you okay

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Another one for me? Yeah, I have another one for you. Okay.

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am i

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MI 2021-003-963-425-31 East Wildy Street.

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Letter of opposition from the Fishtown Neighbors Association.

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