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Hearing video

ZBA Hearing - April 9, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 9, 20255h 27m

And if you had the opportunity to testify, would you adopt my testimony as your own and as true and correct?

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Yes.

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Thank you very much.

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Questions from the board?

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Question, what's the proposed basement slab level below grade?

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Are you talking about the window well, Mr. Johns?

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Yeah, how deep is the basement slab below adjacent grade?

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I believe it's, I don't want to misquote.

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Let's see a section I showed.

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I'm looking at this.

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I'm trying to get this dimension up for you, Mr. Johns.

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Six feet from the top.

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So the first floor is six feet above grade?

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Correct.

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Because we have steps up to a porch.

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And then there are more steps?

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The plan doesn't show that.

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your plan doesn't show that i mean i see what the section says but the plan doesn't

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right that number of steps that it would be another like three steps above there

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also the section shows the first floor being above the first floor

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right that's what i'm saying okay we're saying the same thing that's basically what i'm saying

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and I don't because there are no additional steps oh I say they're inside correct I got it sorry

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about that I got you okay they're inside Mr. Clinton can you make the image full screen it's

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a little it's small on our end all right you know let me try you're sharing your whole screen

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but only using a portion of your screen

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right better yes a little bit that now we can zoom in though

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so yeah your your elevation then is slightly off from your section and from your plan because

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your plan does show you look like you're only about three feet below grade if that based on

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this detail. All right. Thank you. That was it.

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Thank you, Mr. Johns. Any other questions? Yeah. So

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in your testimony, you said there's primarily a lot of duplexes on

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the house. Is there any particular hardship

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for trying to put three units here? Well, it is

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a large lot. It's new construction. The depth of the homes next

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were pretty deep. And certainly it would

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accommodate three. And it was well-received the last time, six years ago, and also well-received

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again because the client did make some commitments about having housing that is going to be

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affordable for the neighborhood and the block. And he put that in testimony before the community

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group. So the answer, not to give you a lawyer-like answer, yes, it could be single family

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or could be two family, but we've opted for three, presented it to three, and the community was okay.

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we've opted for three presented it to three and the community was okay with three

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other questions but there are no other three family on that block

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yes there's one uh directly across the street and then there's about on this particular block not

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across the street but on that side of the block you're it's all two family on that side correct

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Two on that side. This is three, directly right across the street. And then this one is four. So, on the block, but not on the same side. I agree with you.

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Okay. All right. Thank you.

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Questions from our attorney?

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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Yes, Chair. I have a hand up by the name of Charles Richardson. They are being promoted to panelists.

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Mr. Richardson

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Hello again, Mr. Chair

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You were already sworn, sir

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It's kind of early for you to be calling in

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But please proceed

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You know, this is my last case of the day

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Thank you

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Okay

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Councilwoman is not opposed to granting the variance

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and I wish you all good

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night. All right. Thank you.

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Anyone else in the virtual audience?

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Yes, Chair. I have a

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hand up with the phone number

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ending in 3552.

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I am allowed to speak.

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Sure.

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Could you please state your name and spell

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for the stenographer?

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Yes, Adrian Fernandez

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Swaputo Arcio.

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That last name is spelled F-E-R.

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

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Yes.

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Please proceed.

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Okay. I submitted testimony late for this address, and that is for a letter of support with four provisos.

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this block is mostly two they're mixed they're mixed together kind of not consistently on that

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side of the street there's two-story and three-story houses but it's a single family attached

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block rsa5 four multi-units as a fill-in property we have many in swamp little that

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Usually, they'll put a single-family home there.

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For apartments, there's an overuse of this type of variance on this type of block.

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So the other concern is when it's fill-in, people are concerned about damage to their structures

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and that engineering monitoring is actually going to happen, compliance with that,

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and also other inspections.

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Because on each side, there's a single-family home.

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I believe one of them might be vacant.

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As far as there being some buildings with three apartments or even two apartments on this block, because these are single-family homes, there's no testimony about which of those are legal.

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So the illegal ones aren't really relevant.

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The illegal multifamily uses are not relevant for two or three apartments.

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So we're just asking for provisos.

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First is a limit of two units, because usually people will build fill-ins as a single-family home in our area.

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The next one is for trash and recycling stored indoors.

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The next one is for no basement living.

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And the last one is for a certificate of occupancy requirement.

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And that's everything.

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That happens anyway.

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Thank you.

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All right.

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Thank you very much.

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Anyone else that works for you?

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I'll move back for one second.

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hello this is a this is a three unit project not a four and i just want to say to the developer

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that i appreciate how they laid out the front facade where they kept the elevations of the

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porches consistent and they raised the they came into the porch and then raised the inside

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to make to get that height that they wanted but they kept the basement high up uh not so deep

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below grade so i think you did a great job and just sort of making it fit with the um rest of

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the uh the block so thank you michael thank you mr johns that's well appreciated and i'll pass

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that on to the architect and miss adrian you said mr johns it's it's not a proposal for four

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its proposal for three thank you planning commission god bless you first thank you amy with the

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planning commission god bless you first thank you amy with the planning commission um

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now i've lost my place 15th street um the planning commission recommends no planned

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change in zoning at this location from the existing single-family residential rsa5

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the appellant has not demonstrated that there are unique physical conditions or circumstances

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that would prevent the property from being used in conformance with the zoning code

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The Planning Commission recommends the board deny the requested variance for multifamily household living.

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Thank you.

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Can I address that, Mr. Chairman?

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Sure.

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Just briefly.

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So, I mean, there's a reason that the lot has sat vacant for at least 20 years or longer.

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There's a reason that the community supported this six years ago, and there's a reason they supported it again now, is that a single-family home, the cost of construction is going to exceed the sale price of the homes on the block.

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That's just the reality.

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And having multifamily, I agree it's an RSA 5 zoning district, but it's not the first multifamily on the block.

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And directly across the street is a three-family dwelling, which has been there for a number of years.

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And right down the street, Caddy Corner is a four-family dwelling.

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So thank you very much.

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Thank you.

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MI 2024, 006-677-3028 North 15th Street.

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I vote yes with proviso, trash to be stored inside.

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Michael Jones, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tana Graham, my vote is no.

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Tywin, my vote is yes with proviso.

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Is there anyone in the virtual audience whose case has not been called from the 2 p.m. list?

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I see no hands up.

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Okay, so we're going to take a five-minute break, and then we're coming back,

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and I think we're going to get done a reasonable time.

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Good afternoon. My name is Bill Bergman and I will be chairing this meeting of the Philadelphia

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Zoning Board of Adjustment. With me is our board member, Cheryl L. Gaston. President, Mr. Chairman.

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Or board member, Tenetta Graham. President, Mr. Chairman. Board member, Michael Johns. He's here

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and our board member Taya Wynn. Present Mr. Chair. So present is our attorney Matthew Webster

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and our executive director Ian Haggerty. A recording of this hearing will be posted on

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the CBA website. By participating you consent to be recorded. This is an in-person meeting with

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remote capabilities. Whether remote or in person if you're called to speak you must state and spell

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your name and then wait to be sworn in. Once you've been sworn in please state your name each

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time before beginning your testimony. Any person may enter their appearance to become an interested

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party. There are three ways. You can identify the case property address on your Zoom webinar.

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You can see a staff member or you can call the ZBA appearance line by the close of the business

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tomorrow. Call 267-270-5548. Leave a message that includes your email address and the address of the

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property of the appeal. The following guidance is for our remote attendees. First, when directed

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by the chair, you must raise your hand, your virtual hand, in order to be recognized. Second,

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if you're called to testify, you will be prompted to join as a panelist. Please accept the request

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and turn on your camera. Third, the webinar question and answer is for questions about the

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hearing. Do not comment on cases on the Q&A. Fourth, if you're participating by phone,

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press star nine to raise your hand and star six to unmute. For our in-person attendees,

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please refrain from talking, eating, or drinking during the hearing. Verbal and physical aggression

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will not be tolerated. Restrooms are across from the elevators. Water fountain is just

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outside the room to the right. When speaking on the record, you must speak directly into the

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microphone in order to be heard by all attendees and the court reporter in the event of an emergency

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please follow the directions given over the public address system or by the staff the main exit is

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through the double doors at the rear of the room the nearest stairwell is to the left outside the

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doors in case of an evacuation and rally point is at love point directly across from art street

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please remember there remain there so we can account for you

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here's our schedule number one mi 2023 007 209 1625 north marshall street that case has been

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continued attorney moving party number two chair can we put the date on the record please

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for the continuance oh okay four eight wait a minute

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for the continuance oh okay four eight wait a minute

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oh you're i i got you i got it i got it i got it all right september 17th at 2 p.m number two

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mi 2024 002 822 807 roosevelt boulevard this case is continued attorney moving party

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scheduled to September 17th

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at 2 p.m.

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Number 4

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MI 2020

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4005

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774

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633 Parlin Street

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that case has been continued

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are there any other requests for continuance

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I see no hints at this time

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chair we also have two cases without exhibits number three mi 2024 003 041 4832 carl street

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carol white is the listed owner it's a pro se no exhibits second listing we do have

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information that this case may be withdrawn is katherine white in the audience i see no one in

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the audience with that name chair okay so this is the second listing we still have to have no

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documents. So, MI 2024-003-041-2832, Carl Street, I vote to dismiss.

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Well, John, my vote is to dismiss. Cheryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss. Iowan, my vote is to dismiss.

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MI 2024-007-285-610 Christian Street. Dawn Tangrady is the listed attorney.

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We have no exhibits.

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This is the first listing.

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I see no one in the audience with that name, Chair.

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Okay, so MI 2024-007-285-610 Christian Street.

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As cases continue, Mark must be heard to September 17th at 2 p.m.

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We're going to go to case number five.

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MI 2024-007-282-10-784 Lockhart Road.

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Ann Siegel is the owner, applicant, and it's a pro se.

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This application is to convert an existing exterior parking space,

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required accessory off-street parking space removed,

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an existing two-family semi-detached structure.

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No plan review associated with this application.

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One off-street accessory parking space is required per unit in the RTA-1 Zoning District, whereas two spaces are required and none are proposed.

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