civus
Hearing video

ZBA Hearing - October 21, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 21, 20206h 33m

But these are the same menu. Here's the ones, you know, I'm just showing you the ones that you see

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all throughout the region, throughout the city. Here's another one of the, that's the pre-browse.

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They concluded that the examiner, that this was an animated sign, which typically, you know, is

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is movement on a sign, you know, video, I mean, things like that. And that's, that's why we're

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here on this case. Not because you can't have the number of menu boards, which are actually

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and the number of pre-browse signs, but because for whatever reason, in this situation, the

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examiner determined that these were animated and animated aren't allowed in this district.

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It's an interpretation we have, we have not seen in any other case, and I've probably done

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15 locations in the city and i've been in front of you a couple times on on ones that have come

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to the board um we met with the rco uh the um we have their letter of support which i'll bring up

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here um they were you know pleased that we've invested the money to upgrade this uh this

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location this is from the faith community development corporation um and they voted to

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support this project but that's that's what that's what this case is about that no and i for whatever

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reason in the situation determined that the menu boards that you see throughout the city and

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throughout the region were animated versus uh you know internally illuminated uh like they

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always interpreted them to be um so with that uh if there's any questions uh if not i can just

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uh ask our project uh engineer uh mr michael geitner uh if you can raise your hand mr geitner

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Are you on the call now, Mr. Dugner?

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Yes, I am.

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Okay. Mr. Jaitner, can you just introduce yourself to the board and provide your address and employer?

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Okay.

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Mr. Dugner, can you just introduce yourself to the board and provide...

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Sure. Michael Jaitner, J-E-I-T-N-E-R, Polar Engineering, B-O-H-L-E-R, 74 West Broad Street, Bethlehem, Pennsylvania.

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And I am a licensed professional engineer in the Commonwealth of Pennsylvania.

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And I know you have testified in front of the Philadelphia Zoning Board numerous, numerous times. Is that correct?

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That is correct.

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and you've heard my testimony I have and I will just add for the board that

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these are these the verbiage and the information on these signs the main menu

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board signs are changing five to six times a day they're not changing on a

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rotating basis they're changing basically the menus that are options for

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McDonald's throughout the day because of the the morning lunch and dinner

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options and then the pre-browse sign is changing um probably once uh every couple minutes uh with

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some of the specialty items these signs are in a drive-through area they're not visible off site

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and definitely not visible from the street in regards to the location we don't believe that

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it presents uh any type of um uh distraction uh to the uh drivers off site and these are again

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for the drive-thru related operation only.

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And these are the same signs that McDonald's,

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as they've fortunately went through and upgraded and renovated

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numerous locations throughout the city,

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these are the same pre-brows and menu boards

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that many of the locations have adopted, correct?

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That is correct.

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And these signs are 20 square feet,

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whereas the prior stagnant menu board signs

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were close to 45 square feet in area.

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So we have drastically reduced the sign area

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on many of the sites throughout the city of Philadelphia.

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And again, as I said, the number of pre-browsed menu boards

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has been reduced from the existing two to the proposed one, correct?

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That is correct.

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Okay.

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So with that, we also have our franchise operator.

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I don't think it's necessary that...

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I think so.

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You can summarize.

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You can summarize.

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yeah yeah no i just uh i think there's yeah there's nothing further that we would add i

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just wanted i just wanted for you to know that he is on the line and okay thank you does the

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board has any questions no okay is anybody else here to speak in this matter please raise your hand

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um here we have charles richardson okay charles good morning mr plaza good morning

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Charles, 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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Charles Richardson from the Office of Councilwoman Cindy Bass, room 312, City Hall.

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Councilwoman has no objection to granting this variance.

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Thank you.

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Thank you, Mr. Richardson.

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No other hands.

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Thank you.

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Planning Commission.

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Good morning.

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de defecto city planning commission members of the board this property is indicated for commercial

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and residential mixed use in the city's comprehensive plan we have no objection to the

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replacement of the menu board of menu board signs at this location that do not have any impact on a

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public street or on residential properties. Thank you. Calendar MI 2020-00129829-79 East

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Shelton Avenue. My vote is yes. My vote is yes. My vote is yes. Good luck. Thank you as always

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your time and consideration next one up it's mi 2020-001

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confessor you muted yourself i'll read it off mi 2020-001090

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three three zero zero mantua avenue yes sorry about that friend ah no problem

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there were actually three applications i think for mantua but they're different

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were two applications for mantua yeah so matthew monroe is the attorney for this

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and he's requested that they all be heard okay so next one up is mi 2020-00108833

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316 Mantua Avenue two or three the next one Haverford is it

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uh so we're gonna have here if possible Mantua first both of those and then Haverford

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Okay.

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Okay. Thank you.

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Thank you.

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You're welcome.

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Mr. Monroe, you swerve.

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Mr. Monroe, you swear to affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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And do you agree to waive the reading of his refusal to both of these cases?

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I do, Mr. Plaza.

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Thank you. Have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral, folders and plans five days prior to this hearing?

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Yes, we have.

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Also, have you met with the RCO and have a letter?

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Yes, we do. We have a support letter.

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Thank you. Please identify yourself. You may proceed.

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Good morning, Chairman DiCicco, members of the board.

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Please be here today with my clients, Westview Development Partners, along with Harman Deutsch Architecture.

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And if I could also request that Rustin Oller be granted access as a panelist, he may be walking through some of the properties.

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But just quickly, the documents that we submitted include the deed at Exhibit 1, the revusals at Exhibit 2, our applications for appeal at Exhibit 3, our RCO notices that went out properly along with certificates of service.

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In this case, the RCO had requested that we send out plans along with them, and so we did.

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We mailed those out as well.

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At Exhibit 5, we have our zoning notices posted, and at Exhibit 7, we have the zoning context

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sheets and plans, and if the Board agrees to support this plan and votes to grant the

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variances, we do have updated plans with a proviso sheet that we also emailed in and

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we would request be approved.

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The tax certificate, of course, is attached to Exhibit 8.

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Chairman DiCicco, this is effectively just a, while we have two separate parcels, you

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can see from the cover sheet here, we have two very large triangle-shaped, odd-shaped

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parcels.

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This is an RSA 5 property.

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What we're seeking to do is just complete with five new structures that would include

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10 new units so five duplexes uh to complete a development project that began here on

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mantua avenue a few years back already with uh existing duplexes um the uh the ask is absolutely

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reasonable uh it's not uh certainly not an overbuild uh in this case uh as you can see from

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the zoning context sheet we have uh this little triangle shape parcel or actually it's it's three

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separate parcels, is nearby an I-2 district, IRMX district, RM1 district. So the requested

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use for duplexes is consistent with the multifamily uses in the industrial residential zoning

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that's nearby as well as the RM1 zoning. The number of units that we're requesting is

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actually less than what we could build on the two triangle parcels if they were appropriately

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zoned as RM1. And if Mr. Ohler, I see he's on, if he wants to just walk through some of the design

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choices, he can describe why we need the dimensional variances, which is pretty obvious.

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He'll walk you through some of the pinch points. But we'll just, because we do have support from

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the community, we'll try to move this along quickly. Good morning, chairman members of the

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board. My name is Rustin Ohler, O-H-L-E-R, 1225 North 7th Street, Philadelphia, PA. Matt, if you

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could go to the next slide. Rustin, do you swear and affirm to tell the truth, the whole truth,

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nothing but the truth? I do. Thank you. Please proceed. So you can see here, this is just the

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overall map giving you the proposed buildings in context. So the first phase of the project was the

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four duplexes in the middle with some rear parking. The remaining two parcels are triangles

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and very irregularly shaped. So the refusals where you get the rear yard refusals actually come to

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the pinch points along 35th Street and the back street. Basically, we're abutting the parking lot.

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It's all part of the same development.

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It's going to be one HOA, one condo association.

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So would this be one lot?

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Those refusals technically would not exist.

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So it's a technicality.

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And then we've designed the buildings to complete the block and turning the last building,

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which you see here in yellow, just to give us more street frontage and street face on

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Mantua Avenue.

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If you can go to the next slide, Matt.

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So all the plans are pretty typical.

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you basically have a lower unit and an upper unit with access to roof deck,

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and the lower units have access to a dedicated rear yard.

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and the lower units have access to a dedicated rear yard. Matt can go to the elevations.

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So in keeping, you know, basically with the neighborhood and the character of the first

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homes, continuation of the sods, you know, bread brick, metal paneled bays, and cement board rears

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facing the parking. And Matt can scroll through those elevations for you.

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but that's essentially the project in a nutshell

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and I'm happy to answer any questions.

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Matt, do you need anyone else?

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Yes, we, from Westview Development Partners,

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we have two people, Rick Young, if you could raise your hand

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and Susan Callanan, if you could raise your hand.

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Folks, if you can identify yourselves for the records

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by your first and last names.

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could you hear me yeah we can hear you Mr. Young okay Mr. Young please identify yourself

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for the record? Rick Young, owner, Westview Development Partners. And what's your address,

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Mr. Young? 630 North 35th Street, Philadelphia PA, 19104. Do you swear and affirm to tell the

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truth, the whole truth, nothing but the truth? I do. Thank you. Please proceed. Mr. Young,

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did you hear the factual statements that I made in my presentation? I did. And were they correct

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and accurate? They were. Do you adopt them as your testimony? I do. And I think with that,

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we'd be happy to entertain any questions that the board has. Thank you. Are there any questions from

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the board? No. No. Is there anyone else who would like to testify in this case? If so, please raise

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your hand no hands at this time thank you planning commission good morning david fecto city planning

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commission mr chairman members of the board these properties are recommended for residential use

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in this city's comprehensive plan this proposal came to the planning commission for review from

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the Redevelopment Authority. The Commission voted to approve the proposal. Therefore, we have no

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objection. Thank you. MI-2020-0010903300 Mantua Avenue and MI-2020-0010883316

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Mantua Avenue. My vote is yes on both. Yes to both. Yes to both. Yes to both. Good luck.

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Next one up. It's MI 2020-000, I'm sorry, 001089, 3509, Haverford Avenue.

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All right.

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Mr. Monroe, you're still in the right?

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Yep.

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You agree to waive the reading of its refusal and stipulate to its accuracy?

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Yes, I do, Mr. Pozzin.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans five days prior

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to this hearing?

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Yes.

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Thank you.

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Have you met with the RCO and have a letter?

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Yes, we have, and it's a letter of support.

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Thank you.

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Please proceed.

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all right uh again uh good morning mr uh chairman to chico members of the board um

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pleased to be here again with uh westview development partners and their architect uh

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russner of harman deutsch and older architects um uh this plan is uh the completion of another

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project that was begun it's a street-to-street lot that fronts on uh 3509 haverford avenue

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and extends all the way back to Mount Vernon at the rear.

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It's a mixed-owning district with CMX2, RM1, and RSA5 aspects.

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The plan here is just to build a multifamily household unit.

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It's a multifamily building with five units at the rear.

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It would be facing Mount Vernon Avenue.

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Again, just for the record, we've submitted in our package a deed at Exhibit 1, Exhibit

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2, the refusals, our application for appeal, the RCO notices are at Exhibit 4, our Post-it

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The RCO notices are at Exhibit 4.

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Our posted notices are at Exhibit 5.

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notices are at Exhibit 4.

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We have our RCO support letter as well.

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