civus
Hearing video

ZBA Hearing - August 23, 2023

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

Yeah, I'm getting, well, I'm going to get to that in a second. We have, we have the letter of refusal

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and it does, the refusal does reflect that it was part of a five, that it was

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a five family dwelling as of 1954 and then 1991 so I want to show that

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let's get to the interior photos it's it's mainly a shell right now

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so it's not really a whole lot to show you because it's not really safe but

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this is of one of the apartments this is as of another of the apartments

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another of the apartments it's a total five right now it's another one of the apartments

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and this is another one of the apartments the second floor this was the third

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And this is another one of the apartments, the second floor. This was the third floor, one of the units. Let me get to the plants so you can see.

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Okay. So it's a three-story building, and there's parking in the front. There's two

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parking spaces that's proposed in front of the building, which is reflected right here,

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the parking the the remaining parking will be uh on street parking then you have unit one

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which is in the front of the building it will be by it would be by level so it would be

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the front and then the second floor level two it would be that would also be in the front

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then you have unit two which is the rear of the first floor building which I'm pointing to right

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now uh one bathroom unit one will also have one bathroom then we get to the third floor I'm sorry

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the third unit which is on the second floor which is to the rear of the first

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the uh the first apartment with the parting wall and then you have one bedroom one bath

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and then you have the third floor which is

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in the front of the building you have a studio or a smaller unit and then we have the uh

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fourth unit, which is to the rear of the third floor. So that's what we have as far as the actual

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layout of the building. Now, apart from the zoning history, it's important to note

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that there's a significance on this block, there's a significant history of multifamily units of

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three four and five units on this in fact it's 21 multi-family units uh on this particular block

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these are all large buildings and that's a part of my exhibit packet but it's 21 of these going

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from 5,300, 5,302, 5,304, but it's, again, a total of 21 multifamilies in this era of

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not a minimum of three.

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It's three, four, and five of this.

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So Mr. Harris, Mr. Harris, go back to the plans a minute.

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Did you show four units?

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I showed five units.

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Let's go back to those.

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Okay.

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Yes.

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That's okay.

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I'll show it.

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Hold on, let's go back to the plans again.

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Okay, here we go.

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It's two on the first floor.

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right unit one and unit two then

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for the second floor is a unit one is a bi-level so unit one has uh unit one is on the front of

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the building for both the first and second floor okay unit three is on the second floor that's

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that's to the rear of the property the middle and the rear and then you have unit four which is to

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the rear of the third floor the mid and year the rear and then unit five is studio unit okay thank

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you how yeah this is just how it's laid out this is how the building has been laid out and you have

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two parking places you say there's two parking places in the front okay thank you uh let's get

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back okay so apart from the the zoning history and the the use the the use of the of of the

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building and what it was we also have the we had our rco meeting uh it was for coordinating rco

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RCO meeting. It was four coordinating RCOs. It was four RCOs that were there. There was support

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by two of them, 12th Ward and Faith. There was a non-opposition by the third RCO. And there was

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in opposition to the by solo and the reason for the opposition was because they didn't feel like

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it was financial hardship that they didn't feel like it was hardship however there is significant

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hardship because this particular property it's laid out as five units it can't be it would not

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be able to be changed to a single family without significant expense. Also, I'd like to note that

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as reflected in the support letter, that there was a total of 10 neighbors that were there.

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And of the 10 near neighbors that were there, six was in support of it, two were not in opposition,

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and it was two that was in opposition uh so there was it was a total of eight which were

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non-opposition and two that were in opposition so it's a large majority that uh was in favor

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of this particular project so we're just asking uh that in light of the community support

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The fact that this building has a significant history of the five family, that there is parking.

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We don't think that it's significant, that there would be a significant congestion to the community that this variance be granted.

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Are there curb cuts there in the park front?

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Let me see here.

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Let's get that.

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i believe that there is okay yes there is thank you yes there is okay um you want to bring your

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client on please yes mr thomas can you raise your hand please so you can be promoted as a

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yes participant okay i could you could you state your name and spell please for the court stenographer

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Lamont Thomas, L-A-M-O-N-T-H-O-M-A-S.

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

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Yes.

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Okay, Mr. Thomas, so did you hear the representations that I made regarding this particular project to the panel?

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Yes.

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And do you adopt the representations that I've made?

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Yes.

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Okay. Do you have anything else to add or that's, that's sufficient?

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No. Okay.

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Questions from the board?

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No, Chair.

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Questions or comments from the virtual audience?

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Yes, Chair. We have Cheryl Smith.

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Okay.

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Hi, Ms. Smith. Could you please state your name and spell for the court stenographer?

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Cheryl Smith, C-H-E-R-Y-L-S-M-I-T-H.

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

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I do.

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Are you a neighbor?

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I'm actually represent the 12th Ward RCO.

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Okay, that's fine.

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Thank you, ma'am.

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Perfect.

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Okay, so when we had the meeting, they represented that they would be using this for traveling

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nurses, and I haven't heard that mentioned at all.

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Is that still the situation?

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Because the neighbors were very enthusiastic about that.

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Yes, that is still, and Mr. Thomas, you know what? I don't want to speak for the owner. I will have Mr. Thomas speak. Mr. Thomas?

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Yes, it still will be used for traveling nurses.

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okay and you were providing the traveling nurses situation would be i'm sorry be providing shuttles

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for the nurses because you know they work long hours and they're unfamiliar with the area

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so that was another consideration of the neighbors is that still the situation yes ma'am

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okay um as long as those stay as they were represented um you know my letter still stands

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thank you is there anyone else in the virtual audience yes chair we have charles richardson

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good afternoon mr richardson you've already been sworn

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to state your name and proceed charles richardson office of councilwoman cindy bass room 501

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Charles Richardson, Office of Councilwoman Cindy Bass, room 508 City Hall.

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The councilwoman has no opposition to granting the variance for the five units in following up with Ms. Smith, as long as it is still considered to be a for traveling nurses, because that's what it was represented as.

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I'm not sure that we could do a proviso for that. Am I right?

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um i don't i don't see how that would be an enforceable proviso no i don't think we could

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do that i mean that's an agreement they have with them but we can't make that a proviso charles

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got you uh she she is not in opposition to the five units okay thank you very much for calling

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in and as usual um is there anyone else in the first audience here we have allison weiss

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hi miss weiss how are you please state your name and spell for the court stenographer

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yes hi good afternoon allison weiss a double l i s o n w e i s s right solo german yep solo

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germantown civic association right do you swear a firm to tell the truth the whole truth nothing

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but the truth yes proceed with your comments yes um well first i would like to comment on the curb

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cut. That is not actually a curb cut. It is the accessible corner access where they make the

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street curb level with the street so people with mobility carts and mobility issues can go up and

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down the sidewalk in the streets. So, so that's not really a curb cut. That's a handicap accessibility feature.

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Um, and the other thing that the neighbors have been reporting this project for a number of months, because work started prior to any zoning or anything happening.

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And this property was used since 1977 as a single-family use.

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The previous owner died in 2020, and the property was vacant for some time after that when people noticed there was activity and had been reporting it because they did not see any permits.

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and there was a huge dumpster out front and there was a lot of noise and disruption of the

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neighborhood. So people were aware of what was going on prior to any notice of this proposal.

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And then we did a survey of the properties on the

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it would be the west the east side of Wayne Avenue of the variances and the number of units

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and we came up with nine that were for three family one single family and two that were four

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family. So five family is way in excess of the norm for the street. So for that reason, we would

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appreciate consideration for a reduction in the density because the traveling nurse program is

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just that. It's traveling. It could end tomorrow and we would still have this variance for five

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units and that could be a potential of 10 plus people when the community is used to

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basically one or two people there can i respond uh let's see if she's done yet please oh i thought

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she was done no no oh miss weiss yes i i see that i see the provisos that you've attached to

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right yes you call for interior trash interior mailbox mail storage and maximum three units am

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i right yes yes okay thank you very much appreciate it thank you thank you uh is there anyone else in

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the virtual audience other than the owner i see no other handshare okay counsel do you want to

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respond yeah absolutely so regarding the roof issue i'm sorry regarding work that was being

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done there was the only work that has been done on the property there's been no renovations that

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you can see that from the inside the only work that was done to the property is that there was

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a issue where the roof was in danger of collapsing and i can have my client uh he can testify

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he can testify as to that so this that's fine your testimony is fine right okay so

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as to that so this that you that's fine your testimony

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this was uh just to preserve the integrity the structural integrity of the building

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and also i looked at the uh i looked at the same thing my exhibits basically speak for themselves

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as far as the number of multifamily, including not only three families, but I'm looking at

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there is three. I'm looking at 5308 Wayne Avenue, which is a five unit, which is right down the

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street looking at 5316 which is a six unit i'm looking at 5320 which is a five unit i'm looking

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at i think i think i think we get your point okay right so it's not this is not i i with all due

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respect to solo this is this is not an overuse of this particular property and this is not something

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that this is not something that's unprecedented at all, and particularly in light of the fact

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that the history has been what it has been for this particular property. Okay. All right. Thank

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you. Is there anyone else in the virtual audience? Yes, Chair. We have a calling user number ending

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in 1232. Sure. Please unmute yourself and wait for the chair. Hi, could you state your name and

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Spell, please, for the court stenographer.

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The name is Pamela, P-A-M-E-L-A.

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Last name is Bracey, B as in boy, R-A-C-E-Y.

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I'm a member of Solow, Germantown.

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Oh, good.

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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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Do you have anything different to add than what Ms. Weiss added?

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No, I just want to concur with Ms. Weiss.

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Okay, and you are comfortable with the provisos that Ms. Weiss named, right?

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Yes.

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Okay, thank you for taking the time to call us. We appreciate it.

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Is there anyone else in the virtual audience?

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I see no other handshare.

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Planning Commission.

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It's Ron Bednar, City Planning.

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The property is indicated for residential use on a city plan.

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we have no objection to the granting of the variance provided

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the parking encroachment is removed

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thank you

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so what I'm going to do with this I'm going to hold this to

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next week and we will vote at 2 p.m. next Wednesday

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And what I want to do is just go through a couple of issues relative to the parking and all and figure out where we stand with that.

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OK. So we will vote next Wednesday at 2 p.m.

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OK. OK. Thank you very much for your for your for your time and your presentation.

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Number five, MI-2022-007-314-1932 Cecil B. Moore Avenue.

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Sean Ward is the attorney.

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Letter of support from United Neighbors Alliance Civic Association with Unenforceable Provisors.

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Mr. Ward.

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He's coming back in as a panelist, Chair.

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Thank you.

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Hi, Mr. Ward, how are you, sir?

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I am hanging in there, Mr. Chairman.

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Thank you for asking.

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I am here on calendar number MI 2022-007314.

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We have that.

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I represent Lou and Maria Kutsaratas, that is spelled.

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Could you, just for the record, could you start with your name and spell for the court snobber?

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I'm sorry.

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Yeah, Sean, S-H-A-W-N, Ward, W-A-R-D.

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On behalf of Lou and Maria Kutsaratas, that is spelled capital K-O-U-T-S-O-U-R-A-D-I-S,

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doing business as 88 Group LLC owner and applicant of the subject property at 1932.

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

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I always do.

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Vice Chair has a few questions for you, sir.

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Good afternoon, Counselor.

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

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Thank you, Ishmael. Yes, I stipulate and waive, and all exhibits have been submitted prior to this hearing. And I do have a letter from RCO United Neighbors.

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Thank you, Ishmael.

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