civus
Hearing video

ZBA Hearing - April 26, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Apr 26, 20234h 10m

the whole truth, nothing but the truth?

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I do, Mr. Chairman.

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And Nico's going to work your IT?

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My screen, yes, sir.

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I got it.

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Thank you.

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Yep.

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Mr. Holloman has just a few questions for you, sir.

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Good afternoon, counsel.

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Good afternoon, Mr. Holloman.

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Do you agree to waive the refusal and siglate to sign a thing?

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I do.

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Do you agree to waive the refusal, okay?

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Did you email all exhibits and documents as well?

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five days in advance to this here did you meet with the rco and do you have a letter we met with

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the rco we have a letter we were on it we didn't get a tax clearance until this late this morning

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which we uh sent to hillary um there and it was given to us in the name of bill proud himself

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william e proud himself even though we sarah can testify and would testify that she went to the

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actually go down to revenue, tell them that the OPA, our deed, and everything else shows that

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it's in the name of proud American, but they issued us the tax clearance that we've submitted

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through to Hillary this late this morning. We have it. We have it. If you're good, then we're

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good. Okay, great. Why don't we share your screen? Nico, share your screen. Board, we're here for the

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third year in a row to get a temporary variance once more for the open area lot across from

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Jerry's Bar that Bill Proud and his family own. Northern Liberties has again issued a proviso

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letter that dovetails with all the provisos that have been granted by this board in the past.

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And so if you want, we could show you very quickly what the, it's the open air lot. It's

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a triangular lot irregularly shaped right across the street there it is uh again uh ready for

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open season again with the streetery ordinance tightening up the rules and regulations

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the space that uh jerry's bar had across the street has been really truncated so this will

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be a great relief valve for um for the restaurant as well as providing open space for those people

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who are worried about the next COVID variant

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that's come out again.

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So there's our project.

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So we would really, I know you've got a tight schedule and you've got a big case coming up that has contests.

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So we would really,

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I know you've got a tight schedule

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and you've got a big case coming up.

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So we would introduce all our exhibits, A1 through A12, and deem them read into the record.

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I would like to call Bill Proud up just to confirm and adopt my testimony, and we would rest.

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And you're in agreement with all the provisors.

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As we have been for the last, as the board has done in the past.

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Thank you, Mr. Pollock.

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Yep.

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So, Bill, could William Proud be brought on?

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Mr. Proud, could you state your name, please?

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Bill, are you on or Sarah, can you get on?

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Okay, Mr. Pollack, you're an officer of the court.

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You've presented this to us before.

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Your testimony is fine.

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Questions from the board?

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Mr. Chairman, appreciate it.

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No, Mr. Chairman.

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LeBaron. No, Mr. Chairman. Questions or comments from the virtual audience?

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Chair, I do have William Prout with his hand up. Okay. Okay. Okay. There's no more hands. All right. That's fine.

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Planning Commission. Thank you, Chair Bergman. David Fecto with the City Planning Commission.

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The comprehensive plan recommends no change to the residential single-family zoning at this location,

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the proposed sit-down restaurant is consistent with prior approvals and permits issued for this

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property. The City Planning Commission recommends the Board grant the proposed use variants for a

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sit-down restaurant. Thank you. MI 2022-007-445-1007-13 New Market Street. I vote yes with

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provisos. Temporary variants ending 12-31-23. Hours of operation. Monday closed. Tuesday to

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Thursday, 3P to 10P, Friday 3P to 11P, Saturday 9A to 11P, and Sunday 9A to 10P. Maximum of 35

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seats, no live or amplified music, trash slash recycling to be stored in existing restaurant

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facilities. Thomas Holliman, my vote is yes with provisos.

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move. LeBaron Leonard Palmer, my vote is yes for provisors. Thank you, Mr. Powell. Thank you,

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Mr. Chairman. We made it short and sweet for you. Thank you. Thank you. Number 10, MI 2022-007-388-2321

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Spruce Street. Darwin Beauvais is the attorney. Letter of non-opposition from Center City

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residence association applicant applicant provided 25 form letters of support from neighbors

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including the adjacent neighbor. Mr. Bovee is coming in as a panelist.

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Hi Mr. Bovee could you state your name please and spell for the court reporter? Of course. Good

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afternoon, Mr. Chairman, members of the board. My name is Darwin Beauvais. That's B-E-A-U-V as in

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victory, A-I-S as in Sam, from the law firm of Obermeyer. And I represent the applicant today

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who owns 2321 Spruce Street. And if I remember, I swore you once today already?

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Yes, the 930 listing. So Mr. Holliman has just a few questions, sir.

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Sure. Good afternoon, counsel. Do you agree to waive the reading of the refusal and stipulate

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to its accuracy? Yes. Did you email all of the exhibits and documents as required? Five days in

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advance to this year, did you speak with the RTO? Do you have a letter? Yes, we do. Thank you.

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Please proceed and share your screen.

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Thank you.

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And I would like to start here.

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This is 2321 Spruce Street.

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And I would just like to walk around the corner.

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I'm using Google Earth just to orient the board as to where we're going.

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Turn down South 24th.

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We are now turning right onto Manning Street.

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And this is the middle of the block.

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But we are, it went down too far.

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We are looking...

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We are looking at the rear view of 2321 Spruce Street.

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This is the essence of our application.

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If I can just stop sharing and re-share my exhibits.

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Okay.

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So before the board, we submitted 16 exhibits,

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exhibits one through 16, that includes our refusal,

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our tax clearance, our deeds, our application,

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site plans, elevations, aerials,

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references to the codes and the mapping, prior permits,

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history of the prior use, as well as our notice,

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notices and a petition and photographs. So just by way of background, this is an RM1 property

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sitting in Center City that has been recently conducted into a one-family dwelling. Exhibit 10

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shows our permit that converts it to one family and Exhibit 11 shows that it used to be

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a one family. And if I can just bear with me, just

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this is our permit. And that is current that it's a one family dwelling. And

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this is from the LNI website that it used to be six units.

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so my client actually took the time to purchase the property spent significant amount of money

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in order to convert it the property sits in a historic district is designated as contributing

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and in essence like I showed at the beginning of my my presentation we're looking to just

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deal with the parking in the rear now we did get a refusal uh one use one zoning our our use refusal

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is simply because parking is not allowed in four single-family homes without a shared driveway.

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And second, we received a zoning refusal because our intention is to place a fence or a gate much

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like what was next door. And if I can show the board.

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We can go back again.

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Not quite like this, but our intention is to just have an open air parking, private

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parking, much like what's being provided next door.

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So we can go back to our exhibits.

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So as I stated before, this is a six-unit dwelling.

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It was a six-unit dwelling that's now converted to a single family.

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We did. And let me just go over the site plan. That is Exhibit 5.

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Okay, once we've submitted, here's the essence of what we're trying to do.

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I can zoom in. Here's our site plan. This, where my cursor is.

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We don't see that. Darwin, Darwin, we don't see it.

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Oh, I'm sorry.

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Here you go.

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There we go. All right. So this is the site plan. The front of the structure is here. So this is Spruce Street.

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but the essence of our application is in the rear you see two car opens open air parking

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and what we're proposing and if i can zoom in

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we're looking to create a brick a support pair on both sides that's covered

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a support pier on both sides that's covered and made out of brick.

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We're going to create a structure where it can hold a roll-up gate in order to protect the cars at night, much like the neighbor next door.

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We can see here's an elevation of what we intend on putting out there.

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We have the brick facade. This is proposed lighting. And our intention is to line it up as the same as next door, just beyond, just at our property line.

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Here is, we're actually going to beautify the concrete as well.

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Here are elevations.

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We're proposing a 20-foot wide garage door, but when we go peer-to-peer, it'll be 23 feet, 7 inches.

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Again, we're looking to have the brick facade and lighting.

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And that will pretty much consist of all of what our intentions are.

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Here's some concepts or just to give you an idea of where this project sits.

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and also if you notice the plans that I'm that that are before you have this green stamp

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we already had this approved by the historic commission

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so with that you know the rest of our our our our exhibits do can do do reflect the support for

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for this project we do we did meet with CCRA they had they gave us a letter of non-opposition

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But what we also do, we also stood around and approached every neighbor that we possibly could and received an overwhelming amount of support via petitions, which is part of our Exhibit 14.

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And if I can show that.

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There's got to be a better way.

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So, like I mentioned, CCRA, we met with them on March 28th.

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It was a full-blown meeting.

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They went through all of our application, and they concluded that they were not opposed.

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we received actual petitions well the letters of support we went out in and knocked on doors

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and asked them and those who did respond totaled out to be about 34 residents

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having said this I want to just present the board just a couple of photos just so you can see

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what is nearby.

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Okay.

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In here, you can see this is our property,

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the building next door.

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You can see there's parking directly across the street.

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Another view, there's a photographer standing at the parking lot across the street.

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A different angle, looking more west.

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they post the property

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The post of the property.

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Mr. Beauvais, do you have your client to adopt your testimony?

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Yes.

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If we could promote David Krupnik, or if you can raise your virtual hand.

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mr krupnik has been allowed to speak sir could you state your name please and spell for the

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court reporter sure my name is david krupnik d-a-v-i-d k-r-u-p-n-i-c-k right do you swear

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or affirm to tell the truth the whole truth nothing but the truth yes i do proceed counsel

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uh mr krupnik did you hear everything that i explained to the board today and would you

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adopt it as your own testament? Yes, I would. Thank you. With that, Mr. Chairman, I'll open

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ourselves up for questions. Questions from the board? No, Mr. Chairman.

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No, Mr. Chairman. Questions or comments from the virtual audience?

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No hands, Chair. Planning Commission? Thank you, Chair Bergman. David Decto with the City Planning

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commission the comprehensive plan recommends no change to the residential multi-family zoning at

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this location the proposed addition matches the character of the block and will not remove

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on street parking spaces so the city planning commission recommends the board grant the

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proposed variances thank you mi 2022 007 388 2321 spruce street i vote yes thomas halliman my vote yes

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LaBarra Leonard Palmer, my vote is yes.

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Okay, thank you. Thank you, Councilor.

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Thank you.

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Number 11, MI2023-000120-520 West Roosevelt Boulevard.

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Terry Nace Pouse is the attorney.

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Letter of non-opposition for Esperanzo with provisos.

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Ms. Nace Pouse has been promoted.

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A letter of non-opposition from Council Member Lozada.

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Hi, counsel.

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

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Yes.

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Good afternoon.

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Carrie Nace Paust, C-A-R-R-I-E, last name Nace, N-A-S-E, hyphen, Paust, P-O-U-S-T, with

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the law firm of Fox Rothschild.

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

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I do.

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would you identify your client in relationship to this property yes my client is rock and shield

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llc they are the owner and developer of this property all right mr hollman has just a few

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questions for you certainly

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Good afternoon, counsel. Do you agree to make the reading of the refusal to speculate to its accuracy?

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I do.

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Did you email all the exhibits and documents as required five days in advance for this hearing?

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Did you meet with the RCO? Do you have a letter?

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Yes, I did mail in the exhibits. We met with the RCO, and a letter was submitted with the exhibits.

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Thank you. Please proceed and share your screen.

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Great. Thank you. One minute while I share my screen.

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Can you see my exhibits?

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