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Hearing video

ZBA Hearing - August 23, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 23, 20236h 32m

of it from above it's about an 1100 square foot lot bounded by west montgomery on the south uh

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north hope street on the east and north howard street on the west this area is well developed

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already including a mix of zoning districts and the current zoning for this property here on the

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zoning map you'll see in blue we're in an irmx block we're down at the bottom and there are a

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number of varied uses around the area. A larger scope of the zoning map shows you just how wide

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ranging the uses in that area are. This project, the proposed nine foot by seven foot elevator

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lobby addition, tiny small square, will be added into the attached to the primary four-story brick

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building at this property that's here on the side of north howard street and west montgomery

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it will be accessed through the interior courtyard where there is already a curb cut

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and again will not be visible from the street the prior uses will continue including residential

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and commercial and i want to emphasize that this is a prior non-conformity that exists on the lot

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for maximum occupied area. We have 80% permitted by code on this property, which would be about

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8,800 square feet. And the existing lot coverage is 84.8% or 9,400 square feet roughly. We are

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proposing 85.3% maximum occupied area, which is only an additional 0.5% increase in total occupied

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area overall this represents roughly 65 square feet for the elevator lobby addition

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I'm going to get to a few more site photos again here's our appeal for application project

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information form I'll get back to the plans but I'd like to show you the building itself

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just for scale here it is on Howard Street you can see there's no entrance on the side

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And again, another view down Howard Street for scale, up West Montgomery Street, here is that courtyard access that we'll have and the existing curb cut, another view on Montgomery with the courtyard access.

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Another view on Montgomery with the courtyard access, which is currently gated up.

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A view down Hope Street on the corner of Montgomery and further down Hope Street.

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Just going back to our plans, you can see we have the erection of a single story addition is all that we're asking for here.

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It's attached to an existing structure.

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This image in the bottom right-hand corner of the plans

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shows the existing building, existing elevator shaft,

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and just about what this proposed elevator access

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would look like, about not even 12 feet tall,

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nine by seven feet in footprint.

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And again, here you can see the larger site plan

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on the right-hand side shows the existing

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four-story building along here on North Howard

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and the corner where the existing building and elevator shaft are, and this small white square

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here where this arrow points is all that we will be adding in occupied area. That is all that is

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needed to allow an elevator lobby to allow ADA access for this building and elevator together.

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And again, the fact that this addition was so de minimis and was also required for ADA access to

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building were reasons why the RCO supported our variance request. So again, we have a single

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dimensional refusal. But we did receive, again, the maximum occupied area is only 80% permitted,

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and we have proposed 85.3. However, the excess lot coverage being an existing condition at this

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large building, we are seeking variance relief. And we believe applicant has met all the criteria

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for a grant of variance under 14303AE of the code. Denial of variance would result in an

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unnecessary hardship to the applicant as this minor addition is necessary for ADA access to

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the elevator and building. This hardship was not created by the applicant as it is a pre-existing

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condition exceeding maximum occupied area at the property, and they're only proposing 0.5% increase

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in overall occupied area. Granting this variance will be in harmony with the code's purpose and

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spirit and will not be detrimental to the public health, safety, or welfare. In fact, we believe

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the public benefits from ADA accessibility and promoting compliance with ADA requirements

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throughout the city um again i'd just like to point out we have the rco's full support

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and we believe the applicant has demonstrated a hardship which requires a grant of a dimensional

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variance um my client is also here to adopt my testimony if uh why don't you bring your client on

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justin would you raise your hand please

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Justin, last name, begin it, and M, you're free of T.

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Last name, Meshberg.

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Sure, do me a favor.

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Could you state your name and then spell for the course sonographer?

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Sure.

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My name is Justin Meshberg.

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First name, Justin, J-U-S-T-I-N.

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Last name, Meshberg, M-E-S-H-B-E-R-G.

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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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Proceed, counsel.

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Hi, Justin.

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Have you heard my testimony and presentation?

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Yes, I have.

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And do you agree it's true to your best of your belief and knowledge?

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Yes.

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And would you adopt this testimony as your own?

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Yes.

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Thank you.

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Questions from the board?

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No, Chair.

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no chair Tom okay questions or comments from the virtual audience

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excuse me chair Mr Holloman he has his hand up okay good great thank you

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Ms. Holloman, yes. Can you hear me?

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We can, Tom. What's your vote?

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Okay, we have enough people so far. Anyone else in the virtual audience?

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I see no handshare.

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Planning Commission.

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uh ron bednar city planning property is currently indicated for industrial residential mixed use on

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Property is currently indicated for industrial residential mixed use on a city plan.

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the city

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With the pre-existing dimensional hardship of the property, we recommend that the question

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M.I. 2023-001-978-1801-203, North Howard Street, I vote yes.

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Thomas Holliman, I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you, all.

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Number two, MI 2023-002-008-2501 Oakford Street. Henry Clinton is the attorney. There's a letter of support from the residents organized for advocacy and direction and a letter of support from Councilman Johnson.

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Mr. Clinton is coming back in as a panelist.

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Okay, thank you.

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Mr. Clinton, could you state your name, please, and spell for the court stenographer?

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You are Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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Right.

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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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Could you identify your client and relationship to this property?

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Sure.

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The client is 25th and Oakford, LLC, and his representative is here on the call with me,

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Matt Ryan, R-Y-A-N.

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Okay.

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Our vice chair has just a few questions for you, sir.

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

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accuracy i do i've emailed in all the required documents and exhibits that are needed and

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required to proceed with this case five days in advance of this hearing i have thank you

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counsel please proceed thank you mr shee

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Henry. Is that visible, Mr. Chairman? We see the front. We don't see any of your.

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We're screen sharing.

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okay you're up now sir thank you uh good afternoon mr chairman members of the board

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again i'm here henry clinton on behalf of 25th and oakford llc matthew ryan is with me uh this

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is the presentation for this afternoon uh this is my table of contents containing exhibits a1

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through a10 which i asked be admitted into evidence uh by way of background this is an i2

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industrial zone. Historically, an industrial use was here back in the day. It was a location for

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making men's suits. Thus, the aptly named project is the Herringbone Lofts. This is the refusal,

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and you can see down at the bottom here, notes to the ZBA. The client was before the board back in

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2018. This was an existing four-story structure in 2018. The request for an additional story

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making it a five-story building was approved for use as 54 apartments. We're here today to ask for

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a variety of uses in the basement. It's really a lower level and I'll show you numerous photographs.

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It's more like an English basement. There's light and air that comes into that first floor area, and the request is for a wide variety of uses because we've had difficulty in renting that space, and we were looking for uses that would complement not only the residents in the building, but also the neighborhood.

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In fact, we met with the neighborhood RUDE. That's the acronym for the RCO. We met with them on several occasions, and they basically eliminated uses that they did not want.

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So the uses that we're asking the board for today are uses that the community group supports because they believe, like I do and the client, that any of the uses that we have applied for retail sales, solo medical, dental, health practitioner, personal services, educational facilities, perhaps a child care center, a commissary, catering, restaurants, retail use of consumer goods.

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even a library or an exhibit area for cultural events, the neighborhood group believes that

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that would add to the neighborhood, and we believe would also add to the residents in

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the building. Here's the letter of support from Rode, letter of support from Councilman

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Johnson, and we also have an expert in the commercial leasing arena.

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And we also have an expert in the commercial leasing arena to testify today if the chairman so wishes. And basically, in a nutshell, the realtor from MPN Realty will testify, and I'll just read one or two lines, Mr. Chairman, from the letter rather than read the entire letter.

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But basically, starting from the next to last paragraph, the more expansive the permitted commercial uses, the more appealing the space becomes for a variety of potential tenants.

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More opportunity for use typically translates into more showings and fewer vacancies.

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Having this space occupied will brighten the ground level, liven the sidewalks and streetscape surrounding it, draw more foot traffic to the area, and benefit the neighborhood and the building.

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So we've had tenants through the building, but typically for storage.

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And no one wants storage in this lower level, and you'll see why when I show you the photographs of the building.

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So this is the ground floor, and we're looking west on Oakford Street, and the lower level is where my cursor is.

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This is the aerial photograph of the building.

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It was a four-story building.

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The fifth story was added between 2018 and 2022.

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We're right west of the trestle, which runs from, you know, down Oregon Avenue, down to and through West Philadelphia and into North Philadelphia.

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On the right-hand side of the trestle is Point Breeze.

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On the left-hand side is Grace Ferry Avenue.

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Excuse me, it's Grace Ferry.

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To the north of our building is an industrial small warehouse that a contractor uses to fabricate cabinets and other materials.

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But you can see the majority of the area within a circle or radius of the building is residential.

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So I think that's why the board looked kindly on the application in 2018 to convert this building, which had been vacant for a minimum of 20 years, from an industrial use into a residential use.

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This is a ground-level shot of the building with the fifth story, four stories, all new windows.

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Everything has been completely renovated with 54 apartments.

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And then here's the ground level.

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The entrance to the ground level will be off of 25th Street in the rear. This is the rear entrance to the basement level. Again, some interior photographs. It's really not usable for residential. That's why we're trying to adapt it for some tenant.

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And the reason we're asking this again, Mr. Chairman, is when a tenant comes in to look at the space, say they want to make it into an educational facility, they would have to wait the six to eight months, which is typical to get the zoning approval.

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So we're trying to have a variety of uses so we can have this space occupied and activated for the neighbors and for the neighborhood.

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This is a photograph looking south, and you can see MPN sign out on the rear of the building.

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Again, looking for tenants as much as possible. This is a view looking west from 25th Street.

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Some more interior photographs just to give the board a flavor of what the space looks like and what we're trying to do.

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and these are the plans that exist now for the lower level the entrance is right here

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to the right where my cursor is is a trash room in the rear of the space is a number of uses

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bicycle racks, some storage. There's a pico vault. There's a pump room and other uses for

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utilities. The space that we're asking to be used for multiple uses is this gray shaded area. It's

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about 6,000 square feet. The rest of the documents are the pro forma documents you would see in an

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application like this. Here's a zoning map indicating, you know, I2 use in this area

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surrounded by RM1. Again, the use of the building is residential, and we think the accessory use in

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the basement lower level will be helpful for the residential use of that building and the

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surrounding neighbors. So I do have the realtor on the call, Mr. Chairman, if you would like to

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hear her testimony, which will be a recapsulation of the letter of support from MPN.

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Mr. Clinton, I think we understand where it is.

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Okay, where it is. And I think you explained it pretty well. So just if any of the board members would want to hear from her, they can mention it when I call them.

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And I think you explained it pretty well.

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So just if any of the board members.

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Okay. So just briefly, Mr. Chairman, in conclusion, we believe that the activation of the basement for the multitude of uses that we're suggesting will be is an economic necessity for the viable use of the space, which has remained vacant and unleasable.

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We're not altering the character of the neighborhood. We're not affecting any development adjacent, not affecting any adjacent property owners, light or air. It's in harmony with the code, we believe. And it's in harmony, certainly, with what the neighborhood wants and the councilman. And with that, we can ask my client to unmute himself, Mr. Chairman.

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Absolutely.

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Mr. Ryan, can you unmute yourself, please?

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please Matthew Ryan you're free to speak hi Mr Ryan could you state your name please

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spell for the court stenographer Matthew Ryan M-A-T-T-H-E-W-R-Y-A-N do you swear or affirm

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to tell the truth the whole truth and nothing but the truth yes proceed counsel uh good afternoon

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Mr. Ryan, were you on the call when I presented the project for the LLC?

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Yes.

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And if you had the opportunity to testify, would you adopt my testimony as your own

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and it being true and correct?

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Yes.

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Thank you, Mr. Ryan.

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All right.

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Questions from the board?

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No, Chair.

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No, Mr. Jeremy.

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No, Chair.

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All right.

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Thank you.

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Questions or comments from the virtual audience?

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i see no hands chair planning commission uh ron bednor city planning while this property is

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currently indicated for industrial and the city plan you have no objection to the granting of

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the proposed adaptive use variance thank you mi 2023 002 008 2501 oakford street i vote yes

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James Snell, I vote yes

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Thomas Howellman, I vote yes

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Ishmael Shaheed, my vote is yes

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Thank you, thank you, counsel

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Thank you, Mr. Chairman, members of the board

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Number four, MI 2023-002-084-2136 North Uber Street

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Alan Nockamson is the attorney

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There's a letter of support from the 32nd Ward RCO with proviso and a letter of opposition from Strawberry Mansion Community Concern.

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Alan Nockmson is coming back in as a panelist.

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Thank you.

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Hi, Mr. Nockmson, could you state your name, please, and spell for the court stenographer?

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