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Hearing video

ZBA Hearing - November 1, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Nov 1, 20234h 52m

and also

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Yeah, I'm sorry.

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On mute.

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He's, uh, do you, he's, uh, he's logging in again now.

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He got cut off.

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He's logging in now.

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so I can either we can wait for him or if you want to hear somebody else and then

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bring us back after the next one I don't want to waste no listen to me okay he's

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listen to me sure you're an officer of the court we will accept the testimony questions from the

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board no chair no Mr. Chairman questions from our counsel Hiller Amberson just a brief comment

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And Mr. Chair, Ms. Hamill, the part three of your exhibits still haven't come through.

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So if you can try to maybe break that down and send it again so that we have the photos and all of the photos and plans for this case, that would be great.

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I'm sorry.

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We've had issues with everything coming through.

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I apologize.

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I will do that when I hang up today.

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Hillary, can we vote?

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Thank you.

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Hillary, can we vote?

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Yeah, no, that is fine.

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It's not a problem.

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we just need to have everything on the record questions or comments from the virtual audience

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chair we have craig meladozian with his hand up

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he hasn't been allowed to speak okay

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craig

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mr meladozian please unmute yourself

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I know this is not his area.

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Mr. Beladozian?

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

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Yes. Good morning. My name is William. My last name is VISS. V-I-S-S.

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Right. Do you swear or affirm to tell the truth, told you with nothing but the truth?

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Yes, I do.

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Proceed, counsel.

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Mr. Viss, you've heard my testimony. Do you agree that my testimony is true and correct, and do you adopt it as your own?

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uh true and correct and do you adopt it as your own yes i do

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Yes, I do.

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thank you questions or comments from the virtual audience

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i see no one with their hands up at this time chair okay uh planning commission

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thank you chair bergman and good morning david facto f e c t e a u with the city planning

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

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Yes, sir, I do. Proceed, sir. Thank you, sir. Mr. Chairman and board members, the comprehensive

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

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This property is at the end unit in a row that was built all at once. It's the only unit with

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an attached garage. The garage and two dwelling units date to 1943. The appellant seeks to convert

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the garage into a separate dwelling unit while eliminating off-street parking the eliminated

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elimination of off-street parking will bring the property closer into conformance with the homes

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on the rest of the block face however the home is already legally non-conforming with two dwelling

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units the addition of a third dwelling unit will increase the property's non-conformance

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there is no unique physical condition of this property that would warrant this kind of a change

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the city planning commission recommends the board deny the proposed use variance for a third dwelling

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unit. Thank you. MI 2023-002-188-2917-21 West Sedgley Street, I vote yes. Thomas Holloman,

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my vote is yes. You have your votes, counsel. Thank you. Thank you very much. Have a nice day,

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everyone. Okay. Okay. We're going to go to number eight. MI 2023, 002-234-839 Bainbridge Street.

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Roger Perry is the attorney. There's a letter. Excuse me, Mr. Chair. We've had a request to

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actually go to number 17 due to time constraints of the attorney in that matter. So we could

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actually go to number 17. That would be great. Thank you. Okay. MI 2022 004-563-2005-07 Sargent

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Street. Ronnie and Major is the attorney. There is, let's see here. There's recommendation

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organization of support from East Kentian Neighbors Association.

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Okay, Council Rania Major.

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Rania Major, can you please raise your virtual hand?

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She's coming back in as a panelist now, Chair.

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Good morning, everyone.

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I'm going to be on board on behalf of 2007 E. Sergeant III.

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Could you state your name and spell it for the court reporter?

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yes again it's rania r-a-n-i-a major m-a-j-o-r

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do you swear from tell the truth the whole truth nothing but i'm counsel

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yes and i'm counsel i'm aware i'm aware okay um could you identify your client in relationship

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to the property yes san iago is the property owner

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okay our vice chair has a few questions

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good morning counsel do you agree to waive the reading of the refusal and stipulate to its accuracy

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i'm going to waive the reading of the refusal yes

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and do you have a reason not to stipulate to the accuracy

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of the refusal because yeah it was used as commercial properties prior to this

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so to the extent that it doesn't have that in the refusal i object otherwise the rest of it i accept

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understood have you emailed in all the required documents five days in advance of this hearing

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they were all emailed in between yesterday and the day before all right thank you please proceed

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and you can share your screen okay i'm not sure how to do this on my phone but i will try um

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so basically this is i really don't know how to do it on here

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hi chair this is tanya i just wanted to suggest that um the phone would not be able to be used

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hi chair this is

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to share the screen with the whole audience if it's another route you would like to go it's your

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call thank you uh council you're gonna have we're probably gonna have to continue this

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and you're gonna have to use a computer the next time okay your honor i'm in court mr chairman i'm

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court on a previously scheduled trial um but i am trying to get this through today it's it's

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ours is pretty simple here's here's what the issue is um i i i think i know what the issue is and i

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see it but we would need a presentation with photos and things of that nature so um so let

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Let me see if I can get.

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Well, here's what here's what here's what I'll do.

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Yes, sir.

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I'm going to go on to another case and I'll call you back another half hour.

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So there's nothing else I can do.

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OK, well, here's the issue.

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Without me being where I'm at right now as a participant, I have no way of trying to get documents up.

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OK, so then the case is going to be continued.

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OK.

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OK.

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Can someone call me about the date so that this doesn't happen again?

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We will make sure you know what the next date is, okay?

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So MI 2022-004-563-2005-207 East Sargent Street, that case has been continued.

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We will be in touch, counsel.

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Okay, here, let's see here.

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Okay, number eight, MI-2023-002-234-239 Bainbridge Street.

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Roger Perry is the attorney.

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There's a letter of support for the Queen Village Neighbors Association and a letter of non-opposition from Council Member Squillett.

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Chair, Roger Perry is coming back in as a panelist now.

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I'm here.

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Morning, Mr. Perry.

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Could you state your name for the record and spell for the court stenographer?

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Yes.

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Roger Perry, R-O-G-E-R, last name Perry, P-E-R-R-Y, attorney for the owners of this property

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and applicant.

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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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Yes, I do.

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Could you identify your clients and their relationship to the property?

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Yes, the owners of the property are Andrew Cohen and Blair Lyons Cohen.

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They're owners and occupants of this single-family home.

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Okay, and our vice chair has just a few questions for you, sir.

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Good morning, counsel.

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

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Yes, we do.

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Have you emailed in all the required documents and exhibits that's 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.

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Please proceed and share your screen.

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Does that come up?

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Yes, sir.

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Green button at the bottom.

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Okay.

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Yeah, I've clicked that.

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And there we go.

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You're coming now.

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It's coming up.

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Gotcha. Thank you. Okay, so let me make a free presentation and then let you know

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what the issue is. This is a request for a consolidation of 239R and 239

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Bainbridge Street. In conjunction with this consolidation, the parties are asking to do

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a partial demolition of this little front

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and making an addition at the fourth floor.

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It'll be easier, I guess, to see with the photographs.

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The refusal ended up, let me go back to Uber.

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The refusal was in conjunction with the consolidation.

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There is a large raised rear deck in the property

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which covers part of the rear yard. And the refusal was based on that coverage. The open

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area was only 13%, whereas 25% should be provided. But with the rear deck area, there's

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plenty of open area. That may go down to, and as you see, there was a, okay, here's,

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Um, and as you see, there was a, okay, here's the photos.

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Okay. This is the posting of the property. This is 239, uh, Bainbridge has posted. Uh, this is

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the adjacent property. This is 239, adjacent property. So this gives you a good idea of, uh,

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the parties have requested to remove this area and put a small fourth floor addition.

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That is not part of the refusal, but because the open area on the property is too small,

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that triggered the refusal for the open area. This is the rear yard area. You can see there's

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a deck here that covers this area, and the deck is open. This is 239 R Bainbridge Street at the

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rear and although the deck which is here is open because it covers the under area this is the deck

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at the second level the open area is technically too small being only 13 but indeed the parties

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as owners have this as an open area in addition to this small rear yard area so there's an adequate

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you know open airspace and so forth the decks here you come down to 239R so we feel that there's

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probably adequate, not probably, but there is adequate open area for this property. And that's

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the only refusal at this time. The document is submitted to the board, including all the notices.

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And as the chair has noted, let me turn this back.

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We have a letter of support. We met with the Queen Village Neighbors Association, and they

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actually support the project and ask for the variance to be granted. So it's going to

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continue as a single family. We submitted, this is the property here, we submitted plans. It won't

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be extending beyond the adjacent property at the fourth floor. So I don't think, well, I know it

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won't have any adverse impact on the public health, safety, or welfare. This is a submission of the

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plan showing where the addition will be on the fourth floor. The facade will be in conformity

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with the adjacent properties, the tax clearance provided, zero tackles, and so forth. So we feel

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that the variance in conjunction with the review by Queen Village Neighbors Association should be

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granted in this matter. Perry, why don't you bring your client on, please, and we'll have your

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testimony adopted sure uh andy if you're there can you raise your hand

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i see no hands at this time chair no somebody's there or they were a minute ago

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is anybody there on 239 bainbridge either andy or uh mrs or blair

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there's an andrew cohen with his hand up okay i will allow him to speak hello can you hear me

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hi hi mr cohen could you state your name and spell please for the court stenographer

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hi yes good morning my name is andrew cohen a-n-d-r-e-w last name c-o-h-e-n

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right do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes proceed counsel thank you uh andy did you uh hear uh my presentation in terms of the intended

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use uh the consolidation with the fourth floor edition i did okay can you adopt that as true

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and correct uh as if you had testified uh yourself yes oh thank you okay questions from the board

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no mr chairman no chair questions or comments from our attorney hillary emerson

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

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i see no hands chair planning commission thank you chair bergman and board members good morning

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david vecto with the city planning commission the comprehensive plan recommends no change to

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residential multifamily zoning at this location the appellant seeks a dimensional variance for

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occupied area triggered by the creation of a newly consolidated lot and construction of a rear deck

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the proposed variance will not injure the use of adjacent properties and so the city planning

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commission recommends the board grant the proposed dimensional variance for occupied area thank you

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Thank you. MI 2023-002-234-239 Bainbridge Street, I vote yes.

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MI 2023-002-2350.

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Thomas Holloman, my vote is yes.

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Adishno Shaheed, my vote is yes.

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You have your votes, counsel. Thank you.

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Okay, thank you very much. Have a good day.

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Okay. So number 10, MI 2023, 002-206, 2300 South 23rd Street. Tracy's salary is the attorney. There's a letter of support from West Passion Neighbors Association.

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They have been promoted to panelists.

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Thank you.

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good morning chairman and members of the board good morning counsel could you state your name

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please and spell for the court stenographer yes Tracy Soller it's t-r-a-c-y last name is Soller

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s as in sam a-u-l-e-r right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth I do could you identify your client the relationship to this property

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yes i'm representing the owner of the property phone tang our vice chair has just a few questions

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good morning counsel do you agree to waive the reading of the refusal and stipulate towards

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