civus
Hearing video

ZBA Hearing - May 8, 2024

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

support helps in your decision making for this property so they were in full support of this

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project this was the initial tax clearance information as we had showing an overpayment

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My client, which I subsequently sent to the board, then was able to receive a tax clearance certificate valid to June 4.

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There's a copy of our posting on the property.

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It's a chain link fence.

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And as we get back, you'll see that this is actually a raised parcel off the ground.

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This is a section of Emerald Street that because of the viaduct, two-story homes are actually elevated probably between an additional seven to ten feet off the street.

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What we're going to seek to do is excavate all of this dirt that takes ground level, essentially five feet above ground level, and bring it back down to the actual level of the street, which is going to allow for the sufficient all-street parking.

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This is looking northbound on Emerald Street.

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Our subject lot is to our left corner up here, Somerset, as you can see.

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this is looking directly across the street as we do a 360 of the area

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in the distance this is the tunnel that i was discussing with the viaduct over it

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and these are the homes that are actually elevated off of the street

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which leads to the sufficient amount or excessive amount of soil that you see here

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which we will be excavating when we actually do the building for this to bring this back down the

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grade that's taken from across the street just some more photos now i'm going to zoom in on the

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different areas of this just so we see what's going on as i discussed earlier this parcel

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is actually three parcels wide so what we're seeking to do is have a single family home and

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then a three family dwelling next to it but it's on one parcel because so it's considered a four

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family dwelling i'll zoom in here first so you can see what's going on so directly to the north

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of us is 2786 emerald that's a vacant lot directly to our south uh 27 uh 78 is vacant as well

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and this is what we're seeking to do here with our current lot which is indicated in the black

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hatching lines proposing a five foot rear yard

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we're proposing that setback as you can see it's 19 foot six inches for the parking spaces as well

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but we received the 15 foot setback because part of that is going to be covered by the structure

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itself they are relatively open parking pads there is an existing curb cut already on the street

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And we are proposing, in addition, a new curb cut for a total of three-vehicle off-street parking.

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Parking is not an issue in that immediate area because of the fact that it is really underdeveloped at this point because there are so many vacant lots in the area.

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Rear yard trash will be brought from the rear yard through a first-floor rear yard egress courier to the front,

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so we don't have to worry about trash cans being stored out in the front of the property as well

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the building itself is not going to exceed 38 feet tall here we go here's our front elevation

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off to the right here this is what's going to be the proposed single family home then off to

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the left here where i'm indicating this is going to be the proposed three family dwelling again

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with the three car all street parking this door here to the right meets the single family this

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store here to the left leads to the multifamily oh pardon me members of the

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board my computers having a small hiccup here so give me a second all right I'm

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going to stop sharing for one moment and try to reshare if that's all right or just because it

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or just because it seems like my computer decided to give me a hard time about this

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seems like my computer decided to give me a hard time about this

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Just bear with me, please.

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There we go.

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Okay, so I just opened a different file that's not that file, and hopefully we'll get that shared with you in a moment.

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Members of the board, it looks like I'm having an issue with Zoom.

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I think, Leo, I think we really did see most of what we had to see.

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I guess a couple of questions would be, so this is three lots, am I correct?

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That's correct, members of the board.

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And the single family home sits on one lot and the multiple family sits on two?

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Well, it's three lots wide, so it is just one property addressed, but it is three lots wide.

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If we were to subdivide them, which we're not doing in this instance because it would be very narrow lots,

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It would be, yes, single family on one, three family on the other.

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Okay.

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All right.

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All right.

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Do you want to bring your client on and have your testimony adopted?

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Certainly.

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Adam, if you wouldn't mind, please raising your hand for the members of the board, and then they'll let you in.

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Adam has been allowed to speak.

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

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Adam Aloise, A-D-A-M-A-L-O-I-S-E.

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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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Yeah, so Adam, you've heard my testimony today with respect to your project on Emerald Street?

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Yes.

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Is there anything you'd like to add at this point?

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No, everything sounded great.

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All right.

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Right. And do you adopt my testimony as your own with respect to what I said today with regards to our meeting with impact and the testimony with regard to the project and the packet that I submitted to the zoning board?

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Yes, I do.

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Great. Thank you, Adam. I don't have any questions for you.

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Thank you.

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Do you have any questions for Adam?

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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 Anderson?

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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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I see no hands.

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Planning Commission.

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Thank you, Chair Bergman, and good morning, David Fecto.

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With the City Planning Commission, Mr. Chairman and board members,

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the comprehensive plan recommends no change to the residential single-family zoning at this location.

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This property could be divided into two co-compliant single-family house lots,

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so the City Planning Commission recommends the board grant the proposed use variance

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for multifamily units, but with a maximum of two dwelling units, but deny the proposed

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variances for off-street parking, rear yard depth, and front setback.

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Mr. Melvihill, you don't want to respond to that, Kershaw?

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Certainly, members of the board.

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So what we're seeking to do is, because this block has been so blighted and a lot of the

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area is underdeveloped, as noted in the impacts letter, we're seeking to want to bring people

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and bring amenities that make these properties especially interesting to folks who go on

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to live there.

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And all street parking is one of those.

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With respect to the Planning Commission's indication that it could be two separate buildings

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with two units each, well, that's a total of four units, which is the same number of

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units.

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It would just make every single unit more expensive.

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By having one single family and then three units in the other building, it allows a varying degree of price range for those who are seeking to move into the area into new construction.

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Thank you. MI 2023, 007, 026, 2780 Emerald 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 Shahid, my vote is yes.

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Thank you, Council.

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Good. Thank you, members of the board. Have a good day.

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So, number 16, MI 2023-002-905-4721 Van Kirk Street.

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Bernard Anastasio is the attorney.

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There was a meeting held with the Wissan-Oming Civic Association.

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We do not have a letter as of yet.

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Mr. Chair, Mr. Anastasio just forwarded us a letter this morning.

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Mr. Chair, Mr. Anastasio just forwarded us a letter this morning. It was in support.

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It wasn't.

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Thank you very much. I appreciate it. Mr. Anastasio, we swore you in earlier. Just please state your name for the record.

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Sure. Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of owner David Greaves.

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Our vice chair has just a few questions, sir.

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Thank you.

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good morning counsel do you agree to wait to read another refusal or stipulate towards accuracy

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i do have you emailed in all the required documents and exhibits that is needed to

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proceed with this case five days in advance of this hearing i have thank you counsel please

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proceed and share your screen thank you

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this chair 4721 van kirk is an auto automobile related uh business it's been there for more

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than 25 years uh they've been doing sales and repair for quite some time they believe that

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they were also allowed to store materials there, but apparently they were not. So as a result,

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put an application in for equipment and material storage and the professional office attached

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to with all other previously approved uses. As you can see here at the bottom, in 2002,

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In 2002, there was administrative offices with internet car sales with detailing, and so that's why we're here today.

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Let me show you our plans.

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So we have the front and back offices.

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There's a kitchen for folks who work there.

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And then we have the large lot itself.

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We have photos of the site in question.

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and this has been in operation for like i said over two decades almost three

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no 3-1-1 calls no quality of life issues uh and he provides a real service to the neighbors

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as such we did in fact meet with the folks uh at the rco there's the letter that was mailed

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here are the addresses that it was sent to it was very well attended

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and as a result and here's the proof of mailing 94 individual households were mailed

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and as a result of that meeting they um they submitted in their letter that this uh business

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is an asset to the neighborhood uh he's been a benefit to the community uh and has been doing

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so for 25 years and they strongly support our appeal and of course here's our proof of posting

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to ensure that everybody knew that today's hearing was taking place i also submit into evidence with

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my 101 page exhibit binder the long history of use that's consistent with what we have here today

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And for those reasons, because of the history of the property, the maintenance of the property in good stead by the current occupant for the last almost three decades, and because of the unanimous support of the immediate neighbors, we respectfully request the granting of the variance.

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And I would like to call Mr. David Greaves to the stand if he could raise his virtual hand.

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David Greaves if you're in the audience

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please raise your virtual hand

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we have an

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iPhone user who hand

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keeps going up

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I'll allow them to speak

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could you state your name please okay the name is david greaves and it's d-a-v-i-d g-r-e-a-v-e-s

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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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i do please proceed counsel thank you mr chair mr greaves did you hear my presentation to the

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thank you mr chair mr grieves did you hear my presentation to the board today i did sir is it

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board today? I did, sir.

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true and accurate to the best of your knowledge yes and do you adopt it as your own testimony

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yes thank you i have nothing further mr chair and questions from the board no chair

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no chair questions or comments from our attorney hillary emerson

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None at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Thank you, Chair Bergman, and good morning.

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David Fechta with the City Planning Commission.

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Mr. Chairman and Board Members, the comprehensive plan recommends no change to the residential multifamily zoning at this location.

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This property has a documented history as a business use. While a business and professional office would be compatible with prior documented use, equipment and material storage yards would not be, noting the residential character of this block face.

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The City Planning Commission recommends the board grant a use variance for business and professional offices, but deny the variance for equipment and material storage yards.

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Okay. What was the vote on the Whistler Newman Civic Association?

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it was unanimous how many were there if you remember approximately over a dozen right

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i mean i was gonna say i have the i have the media the the it pulled up here it said there

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were 17 voting members at the meeting the vote was unanimous to support the applicant there

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was no one present to oppose the application thank you this operation is a real asset to

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the neighborhood. The stories that he does is, you know, for some of their stuff. I mean,

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you know, 25 years is a long time. And this was something that we thought that could already be,

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you know, part of the usage. So it's zero negative impact to the neighbors. They support it

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wholeheartedly. Thank you. MI 2023 002 905 4721 Van Kirk Street. I vote yes.

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James Snell, my vote is yes

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Shemil Shahid, my vote is yes

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Thank you, counsel

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Thank you

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Is there anyone in the virtual audience

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who had a case

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the 930 list has not yet been called?

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I see no hands

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Thanks, everyone

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See everyone at 2 p.m.

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all right thanks jerry just got a hand up okay i'm uh kyle easily

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i'll allow them to speak

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hi sir could you please state your name and spell for the court stenographer

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yes uh my name is kyle easily and uh spell k-y-l-e-e-a-s-l-e-y right do you swear

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to tell the truth, the whole truth, nothing but the truth?

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Yes, but I...

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What case do you want to talk about?

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What case?

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3521 North 21st Street

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and Mr. Anastasio just texted me

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that it's for this afternoon

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so my apologies.

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Okay, all right, that's fine. Thank you, sir.

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I appreciate it. Thank you.

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No other hands?

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