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Hearing video

ZBA Hearing - May 29, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 29, 20244h 53m

little bit different because it had a very large street. But counsel, what's that got to do with

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this property here? Just that this isn't going to be changing the ICMX zoning district here.

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The next immediate property down had a variance grant. That's all. I understand it. All right.

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Are you are you done with the year, your honor? Yes, I was going to have him. I mean, I'll just obviously introduce us all into evidence. I assume the board doesn't want him to walk you through the letters of support that we've submitted.

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I think I went over most of them when I started. I talked about that. But the one with 58 people. I mean, we have a copy of it. I don't I don't think we need that.

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Okay. That's all I have as far as witnesses. I understand there might be some other members of the community that we're going to possibly participate.

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So, questions from the board?

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No, Chair.

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No, Chair.

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No, Mr. Chairman.

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Questions or comments from our attorney, Hillary Emerson?

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I'm not at this time, Mr. Chair.

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Questions or comments from the virtual audience and people who intend to testify, please raise your hand and give me a count of how many people we have.

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who intend to testify please raise your hand and and give me a count of how many people we have

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here we have five hands raised sean has been allowed to speak first okay thank you

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sean thank you could you please state your name and spell for the court stenographer

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Sean McGranahan, S-E-A-N-M-C-G-R-A-N-A-G-H-A-N.

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Right. 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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Sean, are you for or against the project?

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I am for the project.

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And could you shortly give us a quick, brief why?

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I'm a resident of Maniunk.

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I live directly across the street at 10 Shares Lane in the Station Mill building.

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I work in Maniunk.

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I love Maniunk.

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I think it's a great development for Manioc.

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I don't like seeing the crime in the eyesore that is that project right there.

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I really think that this would be a really good project for Manioc.

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It would bring more people to Manioc and help elevate the businesses.

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Thank you very much for taking the time to call us.

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We appreciate it.

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Give me the next person, please.

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Kevin Smith has been allowed to speak.

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

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for kevin smith um k-e-v-i-n-s-m-i-t-h uh president of manioc neighborhood council

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you swear or affirm to tell the truth the whole truth nothing but the truth

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i do kevin are you for or against this project i'm against this project

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as representing as representing the manioc neighborhood council so um hold on one minute

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We have two different letters from you about how you're against it.

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Is there anything different you can tell us than the letters we have?

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My intention was to highlight some aspects of the letters that might not be apparent.

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But I'm saying we have two different letters from your group already.

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um my testimony would be would primarily be related to the second letter

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rebutting many of the claims that the applicant has made today and in their application we we

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have those what you want to rebut we have everything you've said then i'll just offer

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of course the minimum variance for this property would be a special exception to legalize the

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parking. And otherwise, this application has no material difference from the previous one.

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Devin, we appreciate your comments and we appreciate the letters you sent us. Next person, please.

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Jordan has been allowed to speak. Hi, could you please state your name and spell for the court

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stenographer? Hi, my name is Jordan Abrams. That's J-O-R-D-A-N-A-B-R-A-M-S. Do you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? I do. Mr. Abrams, are you for or

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against this project? I am in support of the project. Thank you very much. Is there any

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reason that you haven't heard yet that you can give us? The only thing I would add is there is

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a project similar to this at 140 Green Lane, the opposite end of Main Street, that this is near

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identical to, that this board supported in 2015. Thank you very much, Mr. Abrams. We appreciate

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that. Next hand, please. Mark has been allowed to speak. Hi, sir. Could you state your name and

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spell for the court stenographer? Mark Wildstein, M-A-R-K-W-I-L-D-S-T-E-I-N. Do you swear or affirm

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to tell the truth, the whole truth, nothing but the truth? I do. Are you for or against this project?

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I am for the project. And is there any reason you give us other than what you've heard?

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I have watched what Andrew has done over the last 10 years in Maniunk. And I can only say that the quality and the detail that he goes to in building and creating living space for people is incomparable.

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I own a property next door to one that he did on Terrace Street on the 3800 block.

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There were some problems, which he addressed immediately and efficiently.

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And the quality of the building and the quality of the tenants that he puts in the building are superb.

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Thank you very much.

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Complete support.

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We appreciate you taking the time.

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We have one more hand.

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Yes, Chair.

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the last hand john hunter has been allowed to speak hi mr hunter um could you state your name

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is spelled for the court stenographer yes it's uh john hunter j-o-h-n-h-u-n-t-e-r

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i know you are do you swear or affirm to tell the truth the whole truth and nothing but the truth

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i do a member of your organization has already testified am i correct

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Um, that's correct. Yes.

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um that's correct yes okay is there any i obviously you're you're not in favor

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Okay. Is there any, I, obviously you're, you're not in favor of the project.

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Correct.

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Is there any reason you give us besides what's written in the two letters and what Kevin said?

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Um, I, I think we just have to stress that, um, this is the, uh, the original, um, hearing that was had in, in September, which was followed up by a request for reconsideration.

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And here we are eight months later with a second application, which is incredibly similar to the to the first one.

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It seems to us that it's inevitable that this case, whichever way it's decided, will be pursued further.

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And therefore, we want the right to place our testimony that could be on the record.

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Well, I think your testimony, listen to me, listen to me. You've got two letters already. We've heard from Kevin. We know you're against it. And there's nothing that you can tell us now that we don't already know.

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Okay, well, let me tell you something that has not been mentioned about the quality of the commercial space, which seems to be critical to some people. The commercial space is around 900 square feet. That's 900 square feet on a floor plate of the site, which is 18,000 square feet. It's a minuscule amount.

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It's also because it's jammed underneath the second and third floors of the residential units.

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It's a floor to floor of only nine foot six.

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That would mean that the interior height of the building would be about eight feet.

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It's not a good commercial space.

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It's not an attractive commercial space.

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I'd also like to point out that the descriptions of the uses that Mr. Pennington would consider,

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which he gave a list of towards the end of his testimony none of them included large trucks there

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were things like designers there were other parts of of uses which could be done with small um

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vehicles if anything and deliveries all right so mr hunter we appreciate your comments

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we know where you stand and we know where your group stands um planning commission

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this is ron bednar city planning

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the comprehensive plan recommends no change the existing industrial commercial mixed use zoning

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at this location the applicant's um the applicant's property is located in a historic

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industrial section of manioc and has traditionally and has transitioned to residential and mixed use

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The proposed use is consistent with nearby recently undeveloped properties, and proposed bulk and height at 38 feet is in character with the surrounding neighborhood.

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Therefore, the City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you.

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Mr. Bowen, we thank you for your presentation.

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We're going to vote on this next Wednesday at 2 p.m.

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I'm going to take this back to the executive session, but we will be ready to vote on this

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at 2 p.m., sir.

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Thank you for everyone's time.

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And thank you for trying to speed it up for us.

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We appreciate it.

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My pleasure.

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Thank you.

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And, Mr. Chair, the record is closed.

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The record is closed, other than our bill.

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Thank you.

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Is there anyone in the 330 list whose case has not been called?

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The 2 o'clock, Chair.

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2 o'clock.

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I've got 330 on my list, ish.

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I see no hands.

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We're going to take a five-minute break, and we're going to go right to the 3.30 list.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing the ZBA hearings for the 3.30 list.

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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 Holliman.

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Present, Mr. Chairman.

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And our board member, James Snell.

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Present, Mr. Chairman.

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Also present is Hillary Emerson, our attorney, and Tanya Sunkett, our executive vice president.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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

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For our court sonographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating by phone, 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.

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Leave your email address and the address of the property in question.

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And finally, the question box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunken.

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To our Executive Director, Tanya Sunken, let's look at our schedule for this afternoon.

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Let's look at our schedule for this afternoon.

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Number one, MI 2023-003-305-8085 Rowland Avenue.

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That case is being continued.

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Number six, MI 2023-004-271-566 Centner Street.

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that case has been continued. And number seven, MI2024-000259-5131 Woodland Avenue,

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that case has been continued. Are there any other requests for continuance?

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Yes, Chair, we have a hand up by the name of Tracy Soller, and they have been allowed to speak.

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I could you please state your name and spell for the court stenographer.

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Tracy Soller

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T-R-A-C-Y

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S as in Sam

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A-U-L-E-R

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Do you swear or firm to tell the truth

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the whole truth is nothing but the truth?

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I do.

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What case do you want to talk about?

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The case number is

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ZP 2023

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What's the address?

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What's the address?

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5131 Woodland Avenue

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that's number seven mr chair we just continued it so i i we continued that

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we your lawyer called and asked us to continue it yes you're the attorney you're the attorney

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okay thank you which case is continuing

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chair we also have a hand up by the name of tyrone williams and they have been allowed to speak

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reverend you reverend reverend you've already been sworn just state your name for the record

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yes uh tyrone williams in what case do you want to talk about sir uh 3214 west montgomery

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um i thought they would uh continue this case to give us um a chance to talk some more about it

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uh as a community as they did not end up wait wait hold up hold up hold up one minute so

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that was the last in the last hearing and i continued that

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well it did get continued i didn't hear that sir yeah yeah am i right hillary

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that is correct mr chair thank you very much mr chair sure thank you i don't think there's no

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more for strawberry man thank you oh thank you i appreciate it

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And number three, MI 2023-003-526-4331, Frankfurt Avenue.

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David Chandler was the attorney.

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This is the second listing.

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We have no exhibits.

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Is Mr. Chandler here?

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David Chandler, if you're in the audience, please raise your virtual hand.

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Mr. Chair, we received correspondence from Mr. Chandler.

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today that the applicant intends to withdraw this matter. We advise him to either appear to

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withdraw on the record or submit a letter. We have not received a letter yet, and it does not appear

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he is here today. All right, so thank you. So MI 2023-003-526-4331 Frankfurt Avenue.

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We will continue this. It will be marked, must be heard. We will dispose of this case the next

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time we bring it up. Thank you. So we're going to start with number two, MI 2023, 003-523-5530

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Acela Street, building 108-3808. Kathleen and Christopher Palmier are the owners.

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this is a pro se good afternoon who's going to which one of you will do the testimony

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i will okay thank you could you please state your name and spell for the court stenographer

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yes kathleen palmier k-a-t-h-l-e-e-n right do you swear or affirm to tell the truth

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the whole truth, nothing but the truth. I affirm. Okay. So this application is for the relocation

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of lot lines to create two lots, premises A and premises B from one lot, 5530 to 32,

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a seller street for the existing detached structure to be split into two semi-detached

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structures for use as single family household living on each lot. The proposed lot adjustment

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is insufficient minimum lot area for both new lots.

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A minimum lot area of 1,440 square feet is required

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A 1440 square feet is required, and 771 feet and 971 square feet are proposed respectively.

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and 771 feet and 90.

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The required side yard width in the RSA 7 zoning district, RS 5 zoning district, is 5 feet, whereas the side yard width here is 3 feet proposed for premises A.

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Our vice chair has a few questions for you, okay?

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Yes.

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Good afternoon.

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