civus
Hearing video

ZBA Hearing - October 13, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 13, 20205h 3m

Third, we'd like to advise everyone that this proceeding is being recorded and that by participating, you acknowledge your agreement to be recorded.

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Fourth, anyone participating by phone, if you wish to testify, you must raise your hand by hitting star nine and then star six to unmute yourself.

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I'll repeat, for anyone participating by phone, if you wish to testify, you must raise your

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hand by hitting star nine and then star six to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email

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address and the address of the property at issue.

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I'll repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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With that said, we can begin, but before we call the first case, we'd like to ask if anyone is requesting a continuance or withdrawal of an appeal listed for the 2 o'clock session today.

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If so, please raise your hand.

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Oleg, you have been unmuted. You can open up your mic and wait to be sworn in to speak to

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a continuous or withdrawal. Thank you. Can you hear me? Yes, Mr. Sokolov. Please identify yourself,

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your name and address spell your first and last name sure good good afternoon members of the board

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oleg sokolov council for i'm so sorry i gotta pull up the um

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1700 market street philadelphia pennsylvania

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19103 215 717 515

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spell your first and last name for the record please oleg o-l-e-g

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Last name, Sokolov, S-O-K-O-L-O-V.

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

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Yes, I do.

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Thank you.

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Please proceed.

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I am here representing Penn Holdings, Pine 1 LLC on 3912 Pine Street.

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I am requesting a withdrawal of this matter, please.

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okay uh mi-2020-001313 3912 pine street is withdrawn that is correct thank you thank you

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any other requests for continuances or withdrawals i have dawn tancredi dawn you can open your mic

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and wait to be sworn in thank you good afternoon dawn please spell your first and last name give

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us your address? Sure. Good afternoon. Dawn Tancredi, D-A-W-N. The last name is T-A-N-C-R-E-D-I

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and the address is 2005 Market Street, Philadelphia 19103. Do you swear and affirm to tell the truth,

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the whole truth and nothing but the truth? I do. Thank you. Please proceed. Sure. Thank you,

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Mr. Chairman. We were here last week on 6301 North Broad Street. The case was continued until today.

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The docket number is not formally on the list that I have that was printed out from online.

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However, the case was relisted for today and it turns out that one week was not enough time

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for the community and applicant and all parties to discuss this matter and we respectfully request

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a continuance. I have been in touch with council's office and representatives of the RCO and we're

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asking for a date after the election. Thank you. Two things. I don't have that on my list.

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Thank you. Two things. I don't have that on my list either. Sharon or Tanya, somebody have a MI number? And that was 6301 Northbrook, correct, Dawn?

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Yes.

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Do you have the MI number, Dawn?

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I do. It's MI-2020-000826.

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Thank you. Sorry, I was trying to pull it up. No problem. We have it now. And, Tanya, we can continue this. You'll give Dawn a date?

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Yes, I can give her November the 10th. Thank you. That worked on? Yes. Okay. And we're going to do it at 930.

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9.30. Okay. So MI-2020-000826-6301 North Broad Street is continued to November the 10th at 9.30

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a.m. Thank you. Yes. And just to put on a record, Chair, it's a resumption hearing. No posting

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requirement, Dawn. Okay. Thank you. Have a good day. Bye-bye. You do likewise. Thank you. Anyone else?

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no that's all i see chair okay um okay hold on one second james hold on

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i don't know if you were on uh and correct me if i'm wrong sharon uh mi-2020-000123

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2039

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North Randolph

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Street and

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MI-2020

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000

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that's the

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same one I'm sorry so

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2039 North Randolph has already

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been decided

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yes yes okay

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so that comes off the list James

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August 19

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all right so that's 6 and 11

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Correct.

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Yes.

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Correct.

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Okay.

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All right.

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All set?

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No.

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If I could, I have one other.

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Okay.

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I have, for the attorney of record, we have Alberger Street, Alberger Avenue, 929.

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All right.

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Number five on our list.

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Requesting a continuance.

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Okay.

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MI-2020-001220. 929 Alberga Avenue is continued. Thank you. That's all I have. You can proceed.

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Thank you. James. Okay, here we go. Calendar number MI-2020-000886, 650 North 36th Street.

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The appellant is Gregory Schwab.

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And the attorney in this case is Meredith Verlager.

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Good afternoon, Mr. Chairman.

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then, Meredith Ferliger, on behalf of the appellant.

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Could you spell your name, please?

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Yeah, name and address for the record, please.

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Sure.

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Meredith Ferliger, F-E-R-L-E-G-E-R, 1500 Market Street, Suite 3500E.

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Meredith, have you emailed an exhibit packet with the required documents, which are proof

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Proof of ownership, proof of tax compliance, copy of the refusal or referral, photos and

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plans within the five days in advance of this hearing?

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I sure did.

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Also, have you met with the RCO and you have a letter from them?

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We do.

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Okay, great.

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You may be good.

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This is where you're in.

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They swear and affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Thank you, Mary.

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All right, Mr. Chairman, I am here today on behalf of Brandywine Associates, LLC, the owner of the property.

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Brahim, when you get a moment, if you want to just hit that raise hand button so we can get your name and address on the record.

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I did.

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I did.

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Brahim, oh, there you are.

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Rahim?

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Oh.

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Name, name, spell your name and address for the court reporter, please.

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Hi, good afternoon, everyone.

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My name is Brahim Eigladen, B-R-A-H-I-M.

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Last name is I-G-H-L-A-D-E-N.

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And your address?

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3615 Brandywine Street, Philadelphia, Pennsylvania.

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Virginia 19104. Mr. Chairman, if you want to just get him sworn in now.

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

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Yes, I do. Please proceed. Thank you. Our architect here today is Sean Kang, if anybody has any

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questions for him. Before the board today is a proposal that will eliminate one of the last

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remaining vacant lots on this block of north 36th street in mantua between

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mellon and wallace street the board should have an exhibit packet

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that i will refer to throughout the presentation today

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this application did receive overwhelming support from the community

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just last week the application requests the erection

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of a new three-story structure with a roof deck for use as a three-family

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dwelling and as you can see in the picture i've

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brought up on the screen. This is an infill development that will fill in this vacant lot

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in between these two existing structures. The board has zoning plans at tab five, as well as

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floor plans at tab six. Now, as reflected in the floor plans, unit one is a 1,440 square foot

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bi-level unit with two bedrooms and two bathrooms. Units two and three are both 725 square feet

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and are one-bedroom, one-bath units. Trash is stored within each unit and will be collected

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by the property management company, which is managed by Brahim himself. Now, with respect

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to the application, we received one refusal. As you can see in exhibit seven, which is the zoning

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that, this property is currently zoned RSA 5. Now directly across the street is an area of very

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high density CMX 3 zoning. I did include a tab 3, a copy of bill number 170-398, which rezoned

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Mantua back in 2017. The board is of course very familiar with this rezoning bill. As you can see,

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this property and everything around it was zoned RM1. After the rezoning, the property's been

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rezoned to RSA5. Now the lot is small, less square foot and narrower than is required by the RSA5

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zoning district for single family development. The former RM1 zoning of the property would have

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permitted the requested three units. Now the hardship today lies both in the result of the

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rezoning, but especially in the existing context of this particular block and neighborhood. Now,

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the lot itself has been vacant since the 70s and has been a blight to this neighborhood.

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The zoning map shows that the rezoning left the particular block with single-family zoning,

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despite the fact that directly across the street is high-density CMX3 zoning that accommodates a

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92-unit development. The block is largely made up of vacant structures, a few single-family homes,

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and a duplex at the end of the street at 638 North 36th Street. We do submit this as the least

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minimum variance, as we are not requesting any dimensional variances. The density is in line

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with the former zoning of the property, which would have permitted the three proposed units,

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as well as the character of this neighborhood which high which accommodates

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many structures of significantly higher density especially that right across the

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street from this we submit this will not increase local congestion as the block

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this block of North 36th Street has ample on-street parking that is still

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available and I think you can probably see that in some of these photos given

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its location in Mantua West Philadelphia the property does have ample access to

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public transportation. The proposal will not impair light and air or negatively impact

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surrounding properties. The proposed structure is only three stories so that it will blend in

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with the existing three-story structures on the block. We submit the variance complies in full

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with the provisions of section 14303 of the code as is further detailed in my memorandum of law

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that I submitted at tab 9. Now with respect to the community we did meet with Manchua Civic

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Now, with respect to the community, we did meet with Manchua Civic Association just last week

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Association just last week.

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at a meeting that was held at this particular property.

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Their letter of support is attached at tab 14, which I will bring up.

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Brahim, have you heard all of my testimony here today before the board?

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Yes.

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And would you agree that that testimony was true and accurate,

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and would you adopt it as if it were your own correct thank you with that we'd ask you grant

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our application and we are happy to answer any questions you have thank you uh when did your

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client purchase this property oh it was last year october of 2019

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after the rezoning was done correct that is correct mr chairman he did purchase it after

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the rezoning was done. However, you know, as we have presented, the way that this rezoning affected

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this particular property is relatively unique in that directly across the street, let me see if I

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can bring up some photos, you'll see that these structures here are part of a very large 92-unit

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development. So the RSA-5 zoning of this property does not necessarily reflect the particular

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character of this block, which is, we suspect, why the community was in overwhelming support of this,

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especially in light of the fact that this lot was vacant since the 70s. They did support,

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you know, seeing not only a three-story structure to go in here, but something that would

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continue to bring a little bit of life back to this block,

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given that there are still some vacancies that do exist here.

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A question from the board. Yes. The property across the street,

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are they single family? They are not. No, that is a 92 unit development.

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So I guess the way that they built it was to give the illusion of single

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family but these are each of these structures i believe has two units in them it was a little bit

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hard to see in the zoning history i wasn't able to actually pull the the zoning permits i don't

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know what address the permits are under but they are not single family structures is that public

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housing i believe it is yes

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thank you

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anyone else on the board no anyone else who would like to testify in this case if so please raise

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your hand no hands at this time thank you planning commission good afternoon board

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peter bernard for the planning commission peter please spell your first and last oh peter we know

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your last name please barnard b as in boy a as an apple r n a r d you swear to firm to tell the

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truth the whole truth nothing but the truth yes i do thank you please proceed this property is

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indicated for single family residential in the comprehensive plan the property was rezoned in

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2017 for single family most of the properties on the block were built and have been maintained as

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single family homes we feel the proposal represents an overuse of the property

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Additionally, we do not feel that vacant land represents a hardship.

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Accordingly, we object to the granting of the variance at this location.

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Thank you.

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MI-2020-000886, 650 North 36th Street.

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My vote is no.

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My vote is no.

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My vote is no.

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Thank you.

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Okay. Calendar number MI2020-000095, 6100 Woodland Avenue. The attorney is Sarah Aldafer.

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Actually, I think the attorney is now Jared Klein. It's changed since the list was printed.

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Okay. Thank you.

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Jared, are you out there?

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