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Hearing video

ZBA Hearing - May 29, 2024

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

have you emailed in all the required documents and exhibits that is needed to proceed with

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this case five days in advance of this hearing yes thank you please proceed and share your screen

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mr chair i just want to note for the record because the information came in later we did

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receive a letter of support from the rco the 12th ward rco and council member bass has also

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taken a position of non-opposition. Thank you very much. I appreciate that. Please proceed, Kathleen.

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So am I able to share a screen? We want you to share the screen right now. Okay. So

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should be the green on the bottom. It says share screen. Yes. And I'll share now. Thank you. Thank

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it's coming up that's good yep thank you all for your patience um this is um 5530 and excuse me

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5530-5532 osceola street philadelphia pa19144 it's off of locust avenue in germantown east

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germantown and it is um the a dead end street you can see if you can see my cursor here yeah

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yeah um there are one two three four five six seven eight um street uh houses on this street

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of similar size. These were built as separate units 100 plus years ago. I'm appealing to the

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ZBA to allow me to redraw the lot lines. This is the lot line. And I'm appealing to have the lot

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line drawn in accordance with the partition wall that's always been there for the purpose of selling

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one of the semi-detached premises, this one here. And I do have a photo of it here.

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I want to show us a photo of the front of it.

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Okay. Let's see. Sorry, I'm a little clunky with finding my tabs all of a sudden.

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where are they oh they're there this one okay um here is the photo of the front okay oh i see so

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that's um the car indicates in the is the direction of locust avenue which connects to

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osceola street you make a left off osceola street and you come up 5530 5532 are the first and second

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on your right as you come up Osceola Street.

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The sidewalks, separate entries,

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they each have their own city service hookups,

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water, sewer, electricity, gas,

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and have functioned as separate homes

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since their construction.

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And as they said, we were approved by the local RCO

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at a meeting a month ago.

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anyway um we have other exhibits let's see can i just do that

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so they're sweet we call them one and a half bedroom muse this is an aerial view i have a

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few of these drawings i'll see how well they'll render if i if i um so right now they're there's

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they're they're separate now right separate homes they are they always have been and what you're

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to do is just get it straight with and right and here's the tricky bit um it's one lot with two

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homes on it i understand and we have a tenant who would like to buy his side and lo and behold oh

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my goodness we found out a year ago um it's been we've come a long way in a year um but we did find

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that although, of course, set up to divide, we need to actually divide the lot in two.

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we need to actually divide the lot into and the here we are today with doing so so so i i think

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And here we are.

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we understand it you've showed us the photos you went to the rco the rco has written a letter in

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your favor yes right and also the council person is reacting to the rco and she is in your favor

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correct okay so why don't we do this why don't i have questions from the board okay

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questions from the board no chair no mr chairman questions or comments from our attorney hillary

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emerson not at this time mr chair questions or comments from the virtual audience

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i see no hands planning commission it's uh run bednar city planning the property is indicated

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for residential on the city plan given the site's history and its existing physical conditions we

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recommend the request of variance be granted thank you so mi2023 003 523 5530 oscillate street

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Building 108-3808

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I vote yes

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Thomas Holloman

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My vote is yes

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James Snell

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My vote is yes

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Ishmael Shahid

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My vote is yes

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You have your vote

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Thank you so much

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Thank you for your time

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All of you and for your patience

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That's fine, thank you

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Number four

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MI 2023-003-566-337

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North Front Street.

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James Quinlan is the attorney.

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There's a letter of non-opposition

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from Central Delaware Advocacy Group

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and a letter of non-opposition

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from Council Member Squilla

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and two foreign letters of support

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from near neighbors.

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Mr. Quinlan.

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Hi, Mr. Quinlan. How are you, sir?

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Could you unmute?

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Unmute.

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Got it. So, good afternoon.

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

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Sure. James J. Quinlan, Q-U-I-N-L-A-N.

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Right.

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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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Could you identify your client and relationship to this property?

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Sure.

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My client, my name is Carl Geiger.

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He is the owner of the property at 337 North Front Street.

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And our vice chair has a few questions for you.

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Good afternoon, counsel.

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Good afternoon, counsel.

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Do you agree to wait to read another refusal or stipulate to its accuracy?

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I do.

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Thank you.

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have you emailed in all the required documents and or exhibits uh that is needed to proceed

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with this case five days in advance of this hearing i have thank you council please proceed

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and share your screen thank you uh so this matter concerns um a a building uh located at um 337 north

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Front Street. It front faces Front Street, and the rear of it faces Water Street. It's bound

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by Cal Hill and Vine. Mr. Quillen, why don't you share your screen first? Sure.

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Here you go.

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uh is that can you see my screen we see your screen great so this property um as i'll bring

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a picture up so to the left uh with the red door this is essentially this property it stands

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four stories or four to five stories on front and on the back on water street is actually six

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story is the way the property sinks down. So this unit has, this property has been owned by my

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client since 2003. Since that time, it's been used with three residential apartments on front street

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and in the rear, in the back, there's a commercial unit. My client, you know, the refusal here

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relates to 14-602-1, which is a total dwelling space rejection. The unit on the first floor,

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according to the footprint of the city, it only comes in at 660 feet, and the requirement is

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according to the footprint of the city, it only comes in at 600.

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1080. The second floor unit is about 775, and the third floor unit, which is a duplex or a

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bi-level, is closer to 2,000 square feet. My client has used this property in this regard

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since 2003 when bought, and we have three arguments in favor of our application. The

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first is that when my client started, initially this property had two commercial units and two

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residential, and in 2005 and 2006, as reflected in Exhibit A12, which is the L&I file, my client

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applied to do some, you know, renovations to the property. And one of the renovations was to

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convert the unit on the first floor into a commercial residential property, and also to

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do some work on the third, the fifth floor deck at the top. And at that time, the permits were

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reviewed by the city. There is signatures from a Richard Glazer and another gentleman

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who reviewed the property, and ultimately, my client's zoning permits, not zoning, excuse me,

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building permits were granted, and the work proceeded in that way. We did not become aware

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until 2023 that despite the fact that there was L&I permits in the file to allow for the renovation,

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there was a square footage issue with respect to the unit on the first floor.

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We were not aware of it. We became aware of it, and hence, this process started.

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it. So just to give a little bit of context, this is a pretty big building. The footprint is

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generally 20 by 40. So really, the units on the first and second floor are closer to 800 square

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feet. And again, the unit on the third floor would be closer to 1,600 square feet. So here's

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apartment one. That's two pictures of apartment one. It's spacious, well done, well built. It

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has had tenants for many years. Here's apartment two, and then apartment three is shown there.

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Here are our zoning notices. We posted one on Water Street and one on Front Street.

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So our arguments are, as I said, threefold. First, the property has been used in this regard

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um as a as a residential at three residential properties since 2003 um the city you know

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issued permits i strike that the property was used as three residential properties starting in 2005

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when permits were issued to remodel the office on the first floor um so you know that work has been

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done and there's been no issues since then um secondly we uh we we applicant contends that

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under, you know, the RM1 zoning code for mixed use, this property is consistent with what is in

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the area, which is, you know, some commercial use on the first floor and then smaller apartments on

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the second, third, and fourth floor, which is this property, just for everyone's context, is right

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down by the river. And it sort of looks down onto the river where near where the Ben Franklin

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Bridges. Third, we went through the process where we talked to the RCO. The RCO not only didn't

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object, but their letter is telling and references that there was no objections in the audience,

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is compliant with the neighborhood standards, and they're not aware of any issues and was in

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support of the application. And fourth, as you mentioned, we did provide next door neighbors

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letters of support there. Those letters are particularly relevant because if you look at

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this picture, the property with the blue door, so it's right next door, the people who would be most

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directly impacted by the fact that this three residential unit building, which has existed since

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2005, you know, would be most impacted, they're right next door. And those individuals wrote in

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letter saying that they did not object to the application.

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Mr. Quinlan, there's also a letter that we received from

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the council member, Squilla. My client did not

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provide that. It's a letter of non-opposition from council member, Squilla.

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He's reacting to what the RCO sent him.

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That's great. And we appreciate the councilman's position

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on that. So that's essentially it.

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Why don't you bring your client on and have your testimony adopted?

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Sure.

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I'm going to have him raise his hand.

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Sure.

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Mr. Geiger?

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Yes, sir.

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Is he with you?

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Yes, he is.

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Can we see him on the screen?

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Can we see him on the screen or? Fine. Mr. Geiger, could you please state your name and spell it for the court stenographer?

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My name is Carl Geiger, C-A-R-L, last name G-E-I-G-E-R.

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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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Yes, sir, I do.

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Proceed, Mr. Quinlan.

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Mr. Cogger, did you hear my presentation just now to the chairman and to the ZBA, the board for, did I just put forth?

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Yes, sir.

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And were the statements that I provided to the board accurate?

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Yes.

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And if you were, you know, asked to, you know, give testimony, would you adopt what I presented to the board as your testimony here today?

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Yes.

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Is that sufficient?

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Thank you. Questions from the board?

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No, Chair.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time.

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Questions or comments from the virtual audience?

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I see no hands.

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Planning Commission.

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Ron Bednar, City Planning.

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The property is currently indicated only for residential use under city plan,

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given the site's physical conditions and its use history.

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we recommend the request of variance to be granted.

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Thank you.

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MI 2023-003-566-337 North Front Street.

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Nell, my vote is yes.

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Ishmael Shahid, my vote is yes.

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Thank you, Mr. Quinlan.

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I conclude my business, may I be excused?

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You certainly can.

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Thank you.

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So thank you, Mr. Geiger.

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Number five, MI 2023-003-577-1007 East Hoarder Street.

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The owner applicant is Chantal Samuels.

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Letter of unanimous opposition from the 50th Ward RCO.

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Ms. Samuels.

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Ms. Samuels is coming back in as a panelist now.

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Okay, I'm sorry.

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Hi, Ms. Samuels.

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Hi.

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