civus
Hearing video

ZBA Hearing - May 10, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 10, 20234h 15m

There is no unique physical condition or circumstance of this property that would prevent it from continuing to be used as a two-dwelling unit.

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The City Planning Commission recommends the Board deny the proposed use variance for three dwelling units.

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Thank you. MI 2022-007-534-6045 Cedarhurst Street. I vote yes, proviso, no more than two units.

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my vote is yes with proviso

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it's no shaheed my vote is yes with proviso thank you counsel thank you mr chairman

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number number eight mi 2022 007 536 98 45 frankfurt avenue alan knockamson is the attorney

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um letter of support from east tarsdale civic association letter support from council member

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driscoll mr knockamson is coming back in as a panelist thank you mr knockamson you've already

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been sworn just state your name for the record please alan knockamson right and could you

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identify your clients in the relationship to the property uh yes my client is barbara hannon the

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owner of the property. Okay. And our vice chair has just a few questions, sir.

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Good afternoon, counsel. Do you agree to weigh the reading of the refusal and stipulate to

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its accuracy? I do. Have you emailed in all the required documents and exhibits that are needed

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to proceed with this case five days in advance of its heritage? Yes. Thank you. Please proceed

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and share your screen. Thank you. I think this is going to be a rather brief presentation. It's

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pretty straightforward, 9845 Brinkford Avenue. We'll first review the notice of refusal. Then

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we have a letter of support from the coordinating RCO and district council member. Every property

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on this block is a duplex. Unfortunately for my client, who's now retired and looking to sell

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this property and move into a retirement community, her property didn't have a rental license.

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And so we have to go through this process to legalize this duplex use. So we'll go over plans

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and drawings which my office created simple floor plans she actually has the original agreement of

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sale when she bought purchased this property almost 50 years ago which says it's a duplex

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so we have maps of the area photographs of the property our uh interior photographs just give

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me a flavor what we're looking at here or rco meeting notice or application for appeal showing

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that miss hannon purchased uh excuse me as the uh applicant here her deeds of property and

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certificate of tax plan. It's a conclusion of my presentation. I would ask that she virtually

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raise her hand, be sworn in, and then I can ask her some questions

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so she can adopt my testimony as her own. Notice of refusal.

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This is an RSA-4 property. We're asking for two-family household living.

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We're just trying to legalize the use here. Letter of support.

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It was unanimous.

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25 to zip.

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uh city council member uh driscoll also supports this project map of the area we're the we're the

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one in green every other property here uh he either has a history or active multifamily use

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on this block every property almost on this block plans and drawings these are i'm mistaken this

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isn't even my plans and drawings. These are the plans and drawings from AP Orleans and Company

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when Ms. Penn purchased the property. Two-bedroom duplex apartments for rent. So she purchased this

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as an investment that she would live in one and rent the other one out.

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Graham in the cell. I know somewhere here said there was a duplex. Let me just take a look where

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setbacks uh where did i say that oh right here duplex so next is the uh maps of the area we're

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in the northeast of you know on frankfurt avenue photographs of the property the front of the

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property uh showing multiple water meters here um in 2013 showing uh you know the notice

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um in 2013 showing uh you know the notice poster being uh posted for today's hearing as you can see

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this is the only thing holding up the sale of this property is to legalize the shoes

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frankfurt avenue to the right of the property frankfurt avenue to the left of the property

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interior photos it's in this original condition meters water heaters

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RCO meeting notice we met on March 13th at 7 p.m.

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105 addresses were notified.

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25 individuals, including members of the executive board of the RCO, voted in favor of this project.

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Proof of mailing of that notice or application for appeal that we filed on Ms. Hannan's behalf.

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Her deed to the property, showing that she purchased this property in 1975, almost 50 years ago.

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And the certificate of tax plans. With that being said, I would ask that Barbara Hannon virtually raise her hand and be sworn in.

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

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Ms. Hannon, can you unmute yourself and wait for the chair?

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Hi, good afternoon. Could you state your name, please, and spell it for the court reporter?

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Barbara Hannon, H-A-N-N-O-N.

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

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Yes, I do. Proceed, counsel. Oh, yes. Ms. Hannon, you heard everything

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I had to state about your zoning matter.

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That's a yes or no question. Yes.

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Oh, thank you. And is my

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testimony true and correct about your zoning matter? Yes, except

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Yes, except for one comment I'd like to make.

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Sure.

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We purchased the house.

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My husband and I lived in one apartment, his parents in the other.

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We never rented either apartment.

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I apologize for that incorrect statement.

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And finally, do you adopt my testimony as your own other than that one incorrect statement?

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Yes.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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no no chair thank you questions or comments from the virtual audience

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i see no hands chair planning commission thank you chair bergman and good afternoon david vecto

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with the city planning commission the comprehensive plan recommends no change the residential single

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family zoning at this location this appears to be a legalization of a two-unit dwelling

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The applicant has shown that a hardship will accrue if the structure is required to be converted back into a single-family dwelling.

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The City Planning Commission recommends that the Board grant these variants for two dwelling units.

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Thank you. MI 2022-007-536-9845, Frankford Avenue. I vote yes.

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Thomas Holloman, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Counselor. You have your three votes.

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Thank you very much. Have a great night.

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All right. Is there anyone in the virtual audience whose two o'clock case has not been heard?

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I see no handshare.

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We're going to take a five minute break and come back and go through the 330 list.

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OK, thanks, everyone.

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Recording in.

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Good afternoon. My name is Bill Bergman and I will be chairing a 330 ZBA hearing.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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And I believe our Board Member, James Snell. Is he here?

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Okay, he might be coming in shortly.

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Also with us is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sunken.

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Here's our virtual format.

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Be advised, the proceedings are being recorded.

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The video will be available by contacting tanyasunk at phil.gov.

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For the benefit of our court stenographer, we are asking attorneys and witnesses to identify themselves before testifying.

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If you are participating by phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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to enter an appearance statement call 267-270-5548. Leave your email and the address

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of the property in question. And finally, the question answer box on the screen is not for

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comments or testimony. All comments have to be directed to our Executive Director,

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Tanya Sunkit. Let's look at our continuances for this afternoon's hearings.

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for this afternoon's hearings.

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Number one, MI 2022, 001, 056, 22, 23 to 29, North 31st Street.

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That case is continued.

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Number four. MI 2021-003-593-4829 Longshore Avenue. That case is continued. Mark must be tried the next meeting.

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And number seven, MI-2022-003-546, the case is continued, attorney moving party.

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Are there any more comments relative to the three cases I just continued?

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Excuse me, Mr. Chair, this is Hillary.

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What was the address of the last case that you called?

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308 Quinch Street.

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Thank you.

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a continuance attorney moving party

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i see no hands chair thank you are any other requests for continuance

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no hands chair i also have a case with with no exhibits number six mi2022

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003 509

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601 Rector Street

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Douglas Manger

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we have no exhibits

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this is the second listing

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there are no hands chair

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MI 2022

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003 509

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601 Rector Street

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I vote to dismiss

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i vote to dismiss thank you both

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we're going to go to um number two first mi 2022 003 404 100 east tayoga street yvette carasquello

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is the owner

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Ms. Carrasquello has been promoted to panelists.

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Thank you. Could you state your name and spell it for the court reporter, please?

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Thanks, sir.

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Hi. Ms. Carrasquello, could you state your name and spell it for the court reporter?

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Okay. First of all, good afternoon. My name is Yvette.

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Good afternoon.

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My name is I-V-E-T-T-E. My last name is Carasquillo, C as in Charles, A-R-R-A-S-Q-U-I-L-L-O.

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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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Yes, I do.

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Okay, so this application is for food, beverages, and groceries for a takeout restaurant in an existing structure.

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The proposed use of food, beverages, and groceries is prohibited in the RM1 zoning district.

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The proposed use as a takeout ration is prohibited in the RM1 zoning district.

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Our vice chair has a few questions for you.

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Yes.

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Good afternoon.

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

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Yes.

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thank you please proceed and share your screen and i will also mention that mr yeah go ahead

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no i'm sorry mr i just wanted to jump in briefly um miss carasquillo um there's in the documents

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you submitted it showed that they were outstanding tax balances on a couple of years prior to 2022

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um those will need to be taken care of before the board can vote on this matter

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but we can proceed with the hearing today yes you can because i did pay for them i paid for

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them yesterday. If you could submit proof of payment, then to the board, we could have this

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voted on next week. Okay, yes, I have all the documents. There goes one of the documents right

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there. The ACI payment, that's it. That's when I paid. I paid it online yesterday.

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Just for a point of information, the RCO has a letter of support and there's a letter of

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non-opposition from Councilmember Lozada? Yes, yes. Okay, so why don't you tell us what you

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want to do? Okay, the thing is, what brings me here is an update for the use of this existing

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structure, which I have resided here, all of my guys, and purchased. I purchased the building in

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2000, and OU's was torn, but it has been vacant for at least 13 years.

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and OU's was stored, but it has been vacant for at least 13 years.

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I need to update the new zoning for grocery store and takeout.

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Attached, you will find appeal, refusal, project information, mailing, deed,

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poster letters of support from our community, pictures of the interior

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and exterior of the poster, plans of existing takeout of, well, existing layout of the second

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floor and on the first floor, which will be for the hot kitchen to take out hours of operation

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will be from 730 to nine. We will have lighting and cameras connected to police link. Also,

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I have attached the payment for the balance of my real estate taxes, which I paid yesterday

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online for this reason i request that this um that i'm so sorry i'm a little nervous yeah

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yeah how about a picture of the store may be gotten granted thank you the variants be going to

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yes so the first floor there is what you're talking about yes okay

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And when was it last open?

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It's been 2010.

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Okay.

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All right.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Ish?

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No, Chair.

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Questions or comments from the virtual audience?

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Okay.

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Mr. Chair, this is Hillary.

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I can confirm that the taxes have been paid.

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They're showing a credit on the account now.

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Thank you.

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Thank you very much.

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Questions or comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission.

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Ron Bednar, City Planning.

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I believe I was sworn in this morning.

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You are. Ron, you're already sworn.

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Thank you.

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Wireless property is currently indicated for residential use under city plan.

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Given the physical circumstances of the site and the use history,

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we recommend the inquest of variance be granted. MI 2022-003-404-100 East

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Tioga Street, I vote yes with proviso, limited use to first floor, and specify the existing

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