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Hearing video

ZBA Hearing - July 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jul 10, 20246h 23m

I believe we're one over what is allowed.

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And that's one of our variance grounds.

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We're also seeking relief for 100% lot coverage.

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And as you'll hear from our project architect, at this location, it made sense to have the lot coverage.

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It's a corner, and it allowed us to have internal trash storage.

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So let me just get to the plans.

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We've met repeatedly with SOSNA and local neighbors.

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The original proposal was to have that building, have the multifamily, and I'll show you the rendering here.

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Here's the floor plans.

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It's three floors and a lower level and a roof.

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And here's what it was originally proposed to look like.

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We spent a lot of time on design.

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This was the original proposal.

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as you come over the South Street Bridge, here's 27th, here's South, was to have the six units,

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but have an ATM lobby here inside this front area facing onto South Street and facing onto 27th

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with this sign package. There were concerns in the neighborhood about having the ATM lobby

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and about the size of the signs. So as you heard, we continued that prior case. We've amended after

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meeting after meeting with SOSTA, and I'm sure you'll hear that from Murray, we reduce the size

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of the two signs down to what we believe is code compliant to the 15 square feet that's allowed.

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And then what we do is instead of having this lobby, we're bringing the residential right to

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the front and then having an ATM here on the outside of the building. I'll turn to this,

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what the new plans look like, and then I'll turn it over to our project architect, Rustin Oler.

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Let me just get to the revised

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elevation. This is the revised elevation, a much smaller sign here, a much smaller sign here. The

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ATM is now on the outside, and then this area here is now residential, keeping with the mixed-use

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nature of this location. Also, let me just before I turn to Rustin, join with me today on behalf of

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the ownership is Maureen McNardy. She can be promoted to a panelist, as well as Susan Callan

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then, who is from the Howe Group. And as I said, Murray Spencer from SOSNA. So Rustin, are you out

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there? Do you want to just briefly? Is that the architect you're talking about? Yes. Yes. Okay.

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Yes. Pull the architect on.

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I'd ask Rustin Ohler.

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Rustin Ohler, he has been allowed to speak.

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Okay.

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Sir, could you please state your name and spell it for the court stenographer?

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Sure. Rustin Ohler, R-U-S-T-I-N, last name Ohler, O-H-L-E-R, Armandoidge Ohler Architecture.

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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.

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Please proceed.

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Rustin, you heard me go through and explain kind of the main issues with the community and the local neighbors as far as the changes to that financial institution, that ATM feature, and also the...

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changes to that financial institution, that ATM feature, and also the signage.

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Do you want to just briefly go through the floor plans and add any other additional information

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that came from the conversations?

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Yeah, if you just want to go to the floor plans really quickly, I can keep it brief.

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Fred had mentioned everything on the exterior regarding volumetric changes and finishes

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and signage.

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We addressed all the community's concerns.

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These are the proposed floor plans.

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uh we're only proposing six units um the units are majority two bedrooms and there is a one

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bedroom all the units are larger um so we're not you know the site completely accommodate the units

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um we're talking about you know 1200 to 1500 square foot units um the majority of the units

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uh the two upper units will have roof decks um right here correct these are the upper the blue

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units and they have access to private pilot houses and roof decks they're set back from the streetscape

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as well as our all the condensers um we are requesting refusal for the pilot house to the

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rear which is at the top of the page uh we are on the northern um side of the adjacent row homes

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and we've met with the near neighbor to the left of us so we're not casting a shadow on anybody so

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there's no effect to light in air um and i tried to keep that brief for you so um we did uh remove

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the atm lobby if you look at the first floor plan you can see just an exterior atm which is the

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little red dot on the inside is just to service and load it with cash. But from the outside,

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it will just be in a wall-mounted ATM. That was the request of the community group. They felt

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that the interior lobby would have been a hazard. So we removed that and we increased the size of

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unit two to put the living room at the corner to keep eyes on the street as per their request.

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Yeah. And we also made changes to the exterior based off of, I think it was a three SOSMA

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meetings plus a near neighbors meeting, correct? I don't know if that's important, but we have

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worked hand in hand with near neighbors and Sassen on this. And I'm sure Murray from Sassen

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will explain that, but you made those changes to the exterior too, as far as brick color.

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Yeah. And those were primarily aesthetic. They weren't zoning issues, but we wanted to make

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sure that we were addressing the neighbors' concerns. Yeah. Right. Have the architect

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available in case there's a question from the board who's your next who's your next witness

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Brett um that's all for right now I mean if the what do you want to have somebody adopt your

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testimony yes yes I'd ask uh Maureen Minardi um on behalf of the property owner unified acquisitions

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uh that she'd be promoted to a uh panelist should I promote her or just allow her to speak

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just allow her to speak yeah okay she's been allowed to speak I could you please state your

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name is spelled for the stenographer. Sure. My name is Maureen Minardi, M-A-U-R-E-E-N. Last name

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is Minardi, M-E-N-A-R-D-E. Swear or firm to tell the truth, the whole truth, and nothing but the

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truth. Yes. Please proceed. Ms. Minardi, you're representing the property owner unified acquisitions

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today on behalf of? Yes, correct. Okay. And you heard my testimony to the board? Yes, I did. And

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you heard rustin's testimony as well yes i did okay uh and was it uh was uh was my testimony

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true and accurate yes correct uh and do you adopt it as your own yes i do and did you also hear you

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all you said that you also heard rustin's testimony correct i did yes and was it also

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true and accurate that's correct and do you adopt it as your own yes i do great thank you so much

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nothing further this one so so so brett before i give it to the board you you mentioned you were

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one unit over yes our information says six at four allowed so is it two over yeah i i redid the math

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um according to my math we were we were at we were at the five um okay all right all right so you got

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five units no we have six total units uh i think brett was just saying his math thought that five

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units was allowed not four as per but we are at six total units yeah thank you and as rustin

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explained these units are really large already all right questions from the board

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no chair um could you just tell me let me know which side is the egress well

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well that would be on the south street side or the other side

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uh we have egress wells on both sides i believe i'll have to double check hang on

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um so there's no so we have we have three egress wells on the 27th street side they are um flush

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mount with the sidewalk they are ada accessible and they have been reviewed and approved by the

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streets department on on that on then that you've got the bedrooms and the basement

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on on that on then you've got the bedrooms and the basement which of course is always the concern

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uh but in one of the bedrooms you don't have an egress well out of the bedroom which is really a

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big concern um all the bedrooms will be egress compliant they all will meet the zoning code

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I mean the building code standards so the so the bedroom when you come down up see there on the uh

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yeah i i see it yeah we'll we'll get that corrected with the building department

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we'll make sure that we're building code compliant there well you you got a stair

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that's falling right above it so how are you going to do that uh we'll either remove the

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bedroom or we'll add an egress well and move the stair over so one way or another we'll

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make sure that we're building code compliant there questions from the board

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Questions from our attorney, Ryan McShurry.

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No, Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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Murray Spencer will be allowed to speak.

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Sir, could you please state your name and spell it for the stenographer?

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Murray Spencer, M-U-R-R-A-Y, Spencer, S-P-E-N-C-E-R.

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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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I do.

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And Murray, you're from the RCO?

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I am the chair of the SOSNA zoning committee.

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Thank you.

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Please proceed, sir.

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I'm truly embarrassed that for the first time, I think, in the history of SOSNA, we don't have a letter prepared for a meeting today.

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But SOSNA supported this project wholeheartedly.

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22 people came out to the meeting, and 21 of those 22 people supported the project wholeheartedly.

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wholeheartedly, and the person who did not told me later on that he had made a mistake in casting

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his vote. Sosta likes the materials, and as Brett said earlier, he and his team met with the

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neighbors on several occasions, and the building has been fine-tuned to something that we truly

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like. Sosta likes a mansard type of roof on our third floors that look like additions. We like

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the materials um like the project totally uh i see that he's going to have to correct the one

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issue with the egress well but other than that you know sasta wholeheartedly supports this project

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and we thank them and his team for all of the work that they did in coming to a plan that the

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entire community likes mr spencer thank you for taking the time to close we appreciate it

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is there anyone else in the virtual audience there are no more aims here planning commission

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thank you chair bergman uh and board members good afternoon david effecto with the city

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planning commission chair and board members the comprehensive plan recommends a change

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in zoning at this location from uh sorry to cmx1 commercial mixed use from rm1 residential mixed

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use. The appellant requests a use variance to add a ground floor commercial space and a residential

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unit added to the five allowed by right to a combined corner property, and they seek dimensional

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variances for occupied area, rear yard setback, and rear yard area. The combined lot is neither

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unusually shallow nor unusually small. However, the proposed CMX1 zoning would allow the commercial

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use by right and the dwelling units. So the City Planning Commission recommends the board grant

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the proposed use variants, but deny the proposal for occupied area, rear yard setback, and rear yard

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area. And Mr. Chair, I would add that was actually the lot coverage was one of the was looked very

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positively by the community. There's been always concerns about trash and because we go all the

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Because there is no rear yard for the trash to accumulate, the trash is inside in a dedicated trash room.

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So that was perceived to be a benefit of this project at this corner location, where otherwise it would be, you know, potentially you'd have the trash in the back there.

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So that was not a concern. It was looked at as a benefit in this situation.

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Thank you.

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Can I ask a question?

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Please.

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on your on back to your uh first floor plan it looks like you show meters at the rear property

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line but you're at the lot line so i'm not sure how that's going to work yes how are you modeling

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the meat the electrical meters the meters are recessed within the building and they're along a

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alley which is a utility easement for the homes on that block okay so there's an alley in the back

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they don't yeah they don't project there there's a continuous alley that runs along all the homes

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there it's actually how those homes get their sewer out it's a utility easement as well

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okay um and so we've recessed we were asked by the neighborhood to um hide the meter so we

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hide the meter. So we recess them into the building there. They will not project into

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recessed them into the building there they will not project into the common alley in

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the common alley in any way. Okay, great. And then the trash

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storage is in the back on the first floor for everybody? Yes. Trash storage is

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inside the building. It is conditioned and will be picked up through commercial

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trash pickup. Okay, great. Thanks. Thank you. Thank you,

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Michael. So MI2023

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004-624-2628 South Street.

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I vote yes. Her amended refusal dated 5-29-24. Ishmael Shaheed, my vote is yes with proviso.

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Michael Johns, my vote is yes with proviso.

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Sonata Graham, my vote is yes with proviso.

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Tyowin, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Thank you, Brett.

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Great. Thank you. Thank you for your time and consideration.

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Thank you.

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So number four, MI 2024, 001-793-2026 Fairmont Avenue.

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Henry Clinton is the attorney.

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There's a letter of strong support from the Spring Garden Civic Association.

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Henry Clinton is coming back in as a panelist.

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Okay.

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Mr. Clinton, you've already been sworn. Just state your name for the record, please.

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Sure. Henry Clinton, C-L-I-N-T-O-N.

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Could you identify your client, a relationship to this property?

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Sure. My client is Laura, L-A-U-R-A, Haskin, H-A-S-K-I-N.

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She is a tenant with a three-year lease in this building for the first floor.

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And our vice chair has a few questions for you, sir.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do, Mr. Shahid.

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

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Yes, we have.

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Thank you, counsel.

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Please proceed and share your screen.

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Mr. Chairman, is that visible?

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Yeah, it is, sir.

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All right.

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Again, good afternoon, Mr. Chairman, members of the board.

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I'm here on behalf of Laura Haskin.

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This is my presentation binder containing exhibits A1 through A10, which I ask to be admitted.

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This is a request for a retail use of a first floor on Fairmount Avenue.

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the refusal this is an rm1 zoning district and refusal is proposed use retail sales consumer

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goods is expressly prohibited in the residential multi-family zoning district

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we do have a strong letter of support from spring garden civic association

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photographs so the 200 block of fairmont avenue i'm sure many members of the board are familiar

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with it caddy corner uh to where this store is proposed store is b-o-d-i-e that's the name of

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the store caddy corner is the prison adjacent is the fair f-a-r-e restaurant and on the east is a

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pet shop. So my client has a lease, and unbeknownst to her, at the time of the signing of the lease,

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she assumed or was told that the use that she proposed was by right because there already was

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a retail use in place. Came to her attention that it was not permitted by right, and she had to go

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