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Hearing video

ZBA Hearing - May 8, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 8, 20243h 45m

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

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Yes, sir.

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Please proceed, counsel.

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Mr. Capone, did you hear my opening presentation and the facts and circumstances that I laid out in that presentation?

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Yes. Are they true and accurate to your knowledge?

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Yes. Can you adopt them formally as your testimony in this matter?

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Yes. Mr. Chairman, that's all I have.

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Questions from the board? No, Mr. Chairman.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair. Questions or comments from the virtual audience?

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Yes, Chair. We have a darling Olson with their hand raised. They have been on the seat.

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

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Darlene?

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Darlene Olson, please unmute yourself.

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

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Darlene?

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They are having technical difficulties at this time.

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Is there anyone else in the virtual audience?

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There are no other hands.

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Planning Commission.

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This is 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 or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Please proceed.

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This property is indicated for residential use on the city plan, given the site's documented use history and the existing physical conditions.

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I recommend the request of variance to be granted.

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Thank you.

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MI 2023-007-052-955-Tree Street, I vote yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you. Have a great afternoon, everyone.

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Thank you.

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Number two, MI 2023-002-910-5418 Media Street.

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Eli Gabay is the attorney or the owner.

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Chair, we have a Lionel, Artem, Ginsberg with their hand raised.

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Would that be?

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I think it's his partner.

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All right.

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They have been promoted to panelists.

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

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Good afternoon. This is Lionel Artem Ginsberg, L-I-O-N-E-L, last name A-R-T-O-M as in Mary,

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hyphen G-I-N-Z-B-U-R-G, for NOAA Properties, LLC.

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All right. 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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Our vice chair has a few questions, sir.

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Good afternoon, counsel. Do you agree to wait to read another refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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We have.

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Thank you, counsel. Please proceed and share your screen.

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good afternoon this is uh about a property at 5418 media street philadelphia i am now showing

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you the deed uh showing that it was purchased a share of sale by uh noah properties uh this

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project is to convert what is zoned as a three family house back into a two family house which

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is what it was when it was first constructed and was until the 1960s uh the rco has approved

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and hestonville has approved it here are the letters hold on a second but what i wanted to

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call your attention to is that in 1964, this thing was appealed to the zoning board of the time

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to convert it from two to three. Because back then, two family zoning was the approved use

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and three family zoning was not. And today we are now in a situation where people want to have

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larger families in apartments, and the RCO, as you can see, has approved, unanimously supported the...

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We unanimously supported the application.

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Here's our tax clearance.

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Here is a picture of the post-it sign.

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This is the property at 5418 Media Street.

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You can see it's a typical house of the neighborhood that was originally a two-family house.

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Here it is in context.

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You can see it.

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It's on a commercial property on the corner.

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other single-family homes on the other side of it.

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This is the proposed floor plan for the first unit,

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which would be on the first floor.

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And then the second unit would be

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on the second and third floors existing.

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They're both already existing.

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You can see that they've done a lovely renovation

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of the space.

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with permits in place and i would turn this over at this time to ziv noah to uh

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to answer any questions you may have well why don't why don't we first of all get him to adopt

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your testimony could we do that okay sure yes hi ziv noah owner of noah properties could you spell

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your name for this stenographer yes first name z-i-v ziv last name noah n-o-a-h do you swear

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or affirm to tell the truth the whole truth nothing but the truth yes i do proceed counsel

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do you adopt my testimony as to the project at 3418 media street yes all right i would open the

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i would open the floor questions um so you're saying counsel that this was a three unit building

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and you're converting it back to two well it's still he was two he purchased it at sheriff sale

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and it was still laid out as if it were as if it was two is that correct yeah the property's

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already existing the way it was um what it was i mean from the record that we were able to pull

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out from zoning um it was always two they try to convert the third floor to like a mini apartment

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and take off um everything that was it was like a two bedroom and a bathroom um that's pretty much

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it um uh i think during the zoning time when we bought it from the sheriff they made it um when

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it's vacant for a couple of years it goes back to the original one um with the zoning so we just

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had to bring it back to two uh the way it was since the 60s all right thank you questions from

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the board no no mr no chair questions or comments from our attorney hillary emerson hillary emerson

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um yes just just briefly um mr chair two things one um in terms of it being previously a three

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family dwelling um it looks like that variance um from 1964 was denied so i don't know that

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if it was ever a three family it was not a legal three family from what i could tell

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um and second um i did want to ask if there's any parking at the property

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street parking plenty of actually just street yeah okay all right so so i just wanted to note

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for the record there's nothing that we need to do but this is an rsa3 property so there should

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be a refusal on there for not having two parking spaces because they're required under rsa3 um but

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that i don't need to do any more than just note that for the record that was an omission

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by by the city so thank you very much questions or comments from the virtual audience

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i see no hands and hillary one other thing do you have copies of the uh rcl letter yes there was a

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a recommendation of it's both they both checked uh they checked both support and non-opposition

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from the hestonville rco the vote was unanimous all right thank you planning commission

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it's uh ryan bednar city planning the property is indicated for residential use on the city plan

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we have no objection to the grounding of the request of variance thank you mi 2023

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303-002-910-5418 Media Street, I vote yes. Thomas Holloman, my vote is yes. James Snell,

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my vote is yes. Ishmael Shahid, my vote is yes. Thank you, counsel. Thank you. Thank you.

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Number four, MI 2023-002-925-2126-32 East Somerset Street. Stephanie Baza Magna,

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is the attorney. There's a letter of non-opposition from Council Member Squill's office that also

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reports that Somerset Neighbors for Better Living garnered support from also have supporting the

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project. And Mr. Chair, we do have a copy of that recommendation of support from Somerset Neighbors

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for Better Living. Thank you. Council, could you please state your name and spell for the court

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and spell for the court stenographer sure stephanie magania lessons m-a-g-a-g-n-a

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stenographer. Sure. Stephanie Magania, last name's M-A-G.

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

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yes i do could you identify your client in relationship to the property sure my client

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is somerset tool and die llc they're the owner of the property and i am joined today by peter

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crawford um who's their representative our vice chair has a few questions good afternoon council

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do you agree to weigh the reading of the refusal or stipulate to its accuracy? Yes, I do. I've

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emailed in all the required documents and exhibits that is needed to proceed with this case five days

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in advance of this hearing. Yes, I have. And I'll note that we did submit revised exhibits yesterday

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to include the RCO's letter. The RCO meeting was held on Tuesday or on Monday, I'm sorry,

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May 6th. So we just received that yesterday. Understood. Thank you. Please proceed and share

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Thank you. So as was mentioned, this subject property is 2126 to 32 East Somerset Street with frontage on Somerset Street. It backs up to a private street here, a rear alley essentially that's noted as East Seltzer Street.

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It's occupied by an existing building that we believe was constructed in the early 1930s.

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It's been a mixed-use building since its inception, and records indicate that it was used for commercial and industrial purposes over its life and was converted as a machine shop in the 1950s.

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Here's a selection of some of the zoning archives that were submitted along with our exhibits showing the breakout of different uses within this building.

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My client purchased this property in 2021 in its existing condition, but the current

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uses of the property are not committed under the existing RSA-5 zoning.

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Certainly, this building was constructed prior to that zoning being put in place.

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So we are seeking variances for the existing uses of the building, which do include five

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residential dwelling units, office space, a machine shop, personal vehicle repair and

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maintenance, as well as artist studios.

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Here's a floor plan associated with this application. I'll note that we are simply

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seeking to document the existing uses within this building because the records that are associated

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with this property are not complete. So my client is looking to document what is existing. We are

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not proposing any additions or changes to the building itself, nor to any uses that exist

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within the building. So this plan is just to reference the layout of the existing uses within

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the building. You'll see the cellar, there's a residential dwelling unit there as well as

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residential in the frontage along East Somerset Street. We have office space, machine shop and

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repair on the first floor, auto repair being accessed off the seltzer on the first floor.

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And on the second floor there are residential units again with artist industrial studio space

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on the second floor. Here are some existing photographs of the building and its existing

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condition. And again, my client is simply looking to document what uses are here because the

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existing building and its longstanding history as a mixed use building, it doesn't pose,

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it wouldn't pose an unnecessary hardship on my client to have to convert this existing building

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for a use consistent with the RSA 5 zoning because of its past history. And because we are simply

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looking to note what is existing, we do believe this is the least modification of the code that's

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required to grant relief in this matter. And finally, as was mentioned, we presented this

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application to Somerset Neighbors for Better Living on Monday, May 6th, and are happy to include

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their letter of support within our exhibit package. With that, I'll ask Peter Crawford to

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identify himself for the board. He is the owner's representative so that he can adopt my testimony.

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Council, before we move on, the basement has residential?

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Did you say that?

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At least a portion of a residential unit in the basement, yes.

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But I'll have Peter clarify.

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Okay, good.

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All right, fine.

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Thank you.

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Clarify the location of the unit.

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Okay.

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Peter Crawford has been allowed with date.

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Hi, sir.

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Could you please state your name and spell for the court stenographer?

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Yes.

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Yes. My name is Peter Crawford. That's P-E-T-E-R-C-R-A-W-F-O-R-D.

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You swear or affirm, tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Please proceed, counsel.

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Thanks, Peter. Did you hear the statements I made to the board this afternoon?

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Yes, I did.

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Are they correct and accurate to your knowledge?

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Yes, they are. And by way of clarification, the two basements that they were referring to are unfinished basements.

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They're part of the residential units, but they're unfinished basement areas.

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Thank you, Peter. Would you adopt my statements as your own?

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Thank you, Peter.

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Would you adopt my statements as your own?

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Yes, I would.

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Yes, I would.

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Thank you. If the board has any additional questions, we'll be happy to ask.

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Peter, could you explain what that means?

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The unfinished basement and parts? Tell me what that means.

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That means they're utility space simply for the use of the washer and dryer.

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They're not living space.

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Nobody's living down there, right?

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No.

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Thank you. Questions from the board?

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no mr chairman no chair no chair questions or comments from our attorney hillary emerson

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um just briefly mr chair i want to note note because this is an rsa5 property i think there

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was a refusal missing for multiple principal uses on the lot um but i'm just noting that for the

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record um we don't have to take any further steps thank you thank you questions or comments from the

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audience. I see no hands. Planning Commission. This is Ron Bednar, City Planning. This property

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is currently indicated for residential use on the city plan given the physical size,

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use, and location of the site and its use history. We have no objection to the granting of the

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Thank you. MI 2023-002-925-2136-32 East Somerset 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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Ishmael Shaheed, my vote is yes.

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