civus
Hearing video

ZBA Hearing - February 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 7, 20245h 5m

All right. Thank you.

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Thank you. All right.

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Number 17, MI 2023-004-817, Melissa Camacho, 6041 Frankfurt Avenue.

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Melissa Camacho, if you're the virtual audience, please raise your hand.

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Did she come back?

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No, she hasn't raised her hand.

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There she is. I'll promote her to pay. Let's share.

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Ms. Camacho?

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Melissa Camacho?

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Can we see her hand?

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Yes, I'm trying to for both of panelists here. Okay.

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Hello, do you hear me now? Okay, could you please turn on your video?

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thank you

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miss camacho

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can you hear us i i i hear you i you need to turn on your video okay thank you i see you now

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i swore you were earlier in today right and you were having a hard time with your computer

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is your computer back working

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can you hear now i can hear miss camacho could you please state your name for the court reporter

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my name is melissa m-e-l-i-s-s-a camacho c-a-m-a-c-h-o

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as you remember i i swore you in earlier and i also read your case could you please share your

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screen are you able to see i can now thank you please proceed and present your case okay uh

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property address is 6041 frankfurt avenue which is my home address and i currently live there for

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the last 23 years uh zoning problem happened with the front retaining wall that was a little

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bit higher than it was supposed to be it was supposed to be i guess four feet and it's six

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um and

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you want to put a deck on the back too am i right

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yes we wanted to repair it and also you for me and you also want to have a two-family home am i

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right yes i want to make it into a duplex okay a legal one even though there's at least on the

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block maybe um nine duplexes

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why don't you show me some photos of your property sure and i already met with the um

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rco and they did give us the vote um when we went with them last week that's the only thing

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that's the only thing i think you guys are waiting for what was that vote they approved it for both

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you guys are waiting for what was that vote they approved

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of them okay so i listen it was the wisdom no me okay hillary do we have a copy of that

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as far as i know we have not received anything from the rco you send a copy of that to us

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did you hear me yes all right can you say a little louder please

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pardon me can you can you say a little i'll repeat yourself again i'm sorry

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could you send us a copy of your um rco vote as soon as we get the letter from them because

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they were going to send it to us oh so we don't have directly yeah okay

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all right so could you show me where you're good is the duplex already there

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no the duplex wasn't there it's not there yet i want to um be able to put it in the back of

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my house can you show me there where you're putting that yeah one moment

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that's it there do you see it for the first floor kitchen

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um this one on the uh left hand side okay is the layout

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is that currently a garage

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well it is a garage we want to change it and make it into a duplex

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okay like a like a studio apartment okay all right and you have a six-foot fence

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right and you want to build she could you show me where you want to build a deck

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can you show me what um where we want to build a deck at

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You can see it on the pictures.

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Hold on.

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He's already there.

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He's just on your own.

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Sorry, Chair.

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This is Tanya.

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I just wanted to mention, if I could, Chair, that I'm getting feedback from Bedita.

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Please make sure that Melissa is answering the questions.

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I got you.

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I understand.

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Thank you very kindly.

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Melissa, you have to answer the questions, not your expediter, okay?

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it's right here and that's the deck you're you're building another deck or that's the deck

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it's the same one i just want to fix it okay all right

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all right um questions from the board

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no chair no questions chair okay questions or comments from our attorney

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Only just to reiterate, we have not received the letter, so if you could forward whatever you have, thank you.

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Absolutely. Questions or comments from the virtual audience?

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Chair, we have Sloan Folks. They have been unmuted and allowed to speak.

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Good morning, Mr. Folks.

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Good morning, Chair Bergman, ZBA board.

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My name is Sloan Folks, S-L-O-A-N-E-F-S-A-F-I-R-O-L-K-S, representing the Office of Councilmember Ketsy M. Lozada, Ring 484 City Hall.

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

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I do so, sir. Thank you.

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Please proceed.

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Unfortunately, for whatever reason, our office was not made aware of this zoning case.

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So we have not been involved since the onset.

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What we can say is that the council member is willing to support whatever decision the community renders.

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And she hopes that the applicant will forward our office a copy of the letter once it comes from Whistler-No-Mean Civic.

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Thank you.

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Thank you, Mr. Folks.

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Is there anyone else in the virtual audience?

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I see no handshare.

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Planning Commission.

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This is Ron Bednar, City Planning.

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

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There's no unique physical circumstances or condition of the property that would prevent

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it from being used in completely with the zoning code.

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So the City Planning Commission recommends that the board propose use variants for two dwellings and for the non-compliant fence be denied.

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Okay. Thank you.

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Thank you.

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Mr. Camacho, we have a fence issue.

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Ms. Camacho, we have a fence issue, we have a deck issue, and we have the two-family household.

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What I want to do is, and also we're waiting for a letter from the RCO.

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I'm going to hold this vote until next week.

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We'll vote on this next Wednesday at 9.30 a.m. after I meet with the rest of the board and consider all the facts.

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This case will be closed other than the introduction of the letter, a copy of the letter.

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Okay?

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Okay, thank you.

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Thank you.

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Let's see here.

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Number 18, MI 2023-004-724-1933 South Alder Street, Vern Anastasio is the attorney.

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There's a letter of non-opposition from Council Member Squilla.

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Morning, Council.

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I believe I've already sworn you earlier this morning.

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Could you just state your name for the record?

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Morning, Mr. Chair.

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Vern Anastasio, on behalf of Kristen Folds, the owner of the property in question.

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All right. You waive the reading of the refusal and agree to its accuracy?

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I do.

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And as I remember your testimony earlier, all your documents were in two weeks earlier.

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So please proceed and share your screen.

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Thank you. Just did that. 1933 South Alder Street.

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It's a single family property. We're just trying to put on a third floor addition with a roof deck. These folks currently own the property. They would like to stay there. It is a rather shallow lot.

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Let me show you here.

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That's a rather shallow lot, and it's only two stories.

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So what we are proposing to do is put a third story on and a roof deck that will allow for primary bedroom.

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So it will be turning what is, you know, very modest size living quarters into a home that could support a family.

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So with a third bedroom, a primary bath, a pilot house, and a relatively small roof deck because, of course, the lot itself is undersized for a single-family home.

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We did have to go through this process in order to secure the variance.

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As a result, we met with Passion Square Civic Association near unanimous support with 10 folks voting in support.

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As a result, we have a letter of non-opposition from Councilman Squilla's office, which you've mentioned.

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Here's some photos on the block there.

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This is already a property that is three stories, and it's not an unusual situation on the block.

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um this is the rest of the block property in question we have some interior photos as well

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very well kept up uh it's just very small as you can see it barely has dining space

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so this extension on the third floor will allow the family to stay to grow and that's exactly what

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the neighbor the near neighbors and the immediate neighbors want and that's why they support the

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proposal i'm going to go through some additional photos for you

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this is the letter that went out to everybody who lives within 350 feet of the property

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here's the proof of mailing we mailed 217 individual households because the lot itself

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is undersized for single family development because our request for a third story is not

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only consistent with other three-story properties on the block but overwhelming support from the

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immediate neighbors folks on that block to keep this family in this home we respectfully request

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the granting of the variance and with that i'd like kristen folds to raise a virtual hand

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Mr. Anastasia, what's your client's name?

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Last name's Folds, F-O-L-D-E-S.

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Last name's Folds, F-O-L-D-E-S, Kristen.

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Kristen?

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Kristen Folds has been unmuted and allowed to speak.

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Kristen Folds has been.

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Thank you.

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Good morning, sir.

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Female.

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Oh, I'm sorry.

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Good morning.

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Good morning.

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Could you state your name, please, and spell for the court's dog?

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Kristen Folds, and that's spelled K-R-I-S-T-I-N.

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Last name F-O-L-D-E-S.

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Right.

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Do you swear or affirm to tell the truth?

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the whole truth is nothing but the truth? I do. Please proceed, counsel. Thank you. Ms. Foldes,

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did you hear my presentation to the board this morning? I did. Is it true and accurate to the

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best of your knowledge? Yes. Do you adopt it as your own testimony? Yes. Thank you. Nothing further.

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Questions from the board? No, chairman. No, chairman. Questions or comments from our attorney,

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

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I see no hands, Chair. Planning Commission.

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The comprehensive plan recommends no change in residential single-family zoning at this location.

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Proposed dimensional variances for open area confirms an existing condition on the lot.

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However, the lack of a third-story setback is not in keeping with the character of the block.

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City Planning Commission recommends that the board grant proposed variances for open area, but deny the proposed variance for the third-story setback.

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Mr. Chair, I respect the opinion of the Planning Commission.

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If we were to comply with that setback, there would be no livable space on the third floor.

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So the lot is undersized for single-family development.

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Thank you.

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MI 2023-004-724-1933 South Alder Street, I vote yes.

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Jane Snell, my vote is yes.

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LeBaron Leonard Palmer, my vote is yes.

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Thank you.

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Counselor, you have your votes.

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Thanks.

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Number 16, MI-2023-004795, Cheryl Gaston, please.

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Ms. Gaston is coming back in as a panelist, Sheriff.

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okay good morning i'm back council um just for the record state your name you've already been

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sworn okay it's cheryl c-h-e-r-y-l gaston g as in george a s as in sam t-o-n please share your screen

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Okay. Hopefully you can see this.

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All right. This is, again, as I said, this is a request for variances to construct a commercial mixed-use building on consolidated lots at 4402 Lancaster Avenue, Parcel C, we're calling it.

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This is formally 4402 through 4404 Lancaster Avenue.

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Variances are needed because we don't meet the density requirements.

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Four dwelling units are allowed.

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Seven dwelling units are proposed.

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The height, 38 feet, is the maximum height.

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We're proposing 45 feet, an occupied area, 75% is the maximum, 85% is proposed.

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So if you can get this to move, then you're going to have to do this.

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Okay, so this is our view.

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This is our table of contents.

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This is the deed for the property, which is for both properties 4402 and 4404.

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I don't think that the properties have formally been consolidated.

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This is what the OPA calls a courtesy consolidation because the properties are owned by the same owners.

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The notice of refusal here just restates what I just said, that we don't meet the

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Here just restates what I just said, that we don't meet the density, we exceed the density requirements, the maximum allowable area, and the height.

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This is our application for appeal, project information form.

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uh the um this is just uh the um proof of uh zero balance in terms of the taxes

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and then uh this is a rendering of uh what we are proposing um this is the

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site plan um and then uh

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This is a rendering, not a rendering, pictures of what the site looks like now.

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You can see there are two different pictures of it, perspective A and B, where you can see the properties, they're kind of inside or they're kind of infill in there.

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So you see the tall one and the one next to it, which are the properties we are proposing to redo.

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basically we're going to demolish what's there and uh put in what you see here in the renderings

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which is perspective a perspective b this will include this is the cmx2 uh property um

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