civus
Hearing video

ZBA Hearing - October 26, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Oct 26, 20224h 56m

that you're allowed to build up because you don't like your living room i would also like a bigger

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house but that is simply ridiculous considering his house has 2 550 square feet and most of the

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houses on our block from about 1730 to 1744 are all 1,942 square feet and are much shorter. We're

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even shorter than the house as it is there. So another story up is completely out of context

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with that house. The buildings at the other end of the block and across the street and the new

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houses on the 1800 block don't have the same impact because they are not immediately adjacent

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to our properties.

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All right.

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So thank you for calling in, and we appreciate your input.

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Is there anyone else in the virtual audience?

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Yes, Chair.

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We have Jim Richardson.

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Hi.

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

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Yeah.

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Thank you, Mr. Chair.

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My name is Jim, J-I-M, Richardson, R-I-C-H-A-R-D-S-O-N.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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I do. Proceed. Thank you, Mr. Chair. I, like Liz, am a neighbor just down the street

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from this corner property. We live at 1728 Lombard Street. I have to concur wholeheartedly

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with everything that the gentleman from CCRA said with respect to this project. And also,

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So I think Elizabeth did a terrific job.

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Okay.

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I am very much against this project.

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One of the exhibits that was shown showed my address as a person who approved the project.

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I did speak with Mr. Madonna.

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I was in agreement with him before I saw the rendering.

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Okay.

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And once I saw the rendering, the fourth floor stands out like a terrible sore thumb.

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You know, number one, our block does not reach above his current rooftop.

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So everybody down that block through the middle is the same height as what he's got now.

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This represents a big change to the skyline of our area.

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The TV on the so-called roof deck is not where he wants to put it.

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It's down on the current roof deck.

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He wants to put it on top of the new roof deck, which puts it way above everything else in the immediate neighborhood.

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it um let's see if i had anything it was an addition um okay sir we appreciate your input we understand

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Okay, sir, we appreciate your input. We understand where you stand on the project.

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Okay, thank you, sir.

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Thank you. Is there anyone else in the virtual audience?

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Yes, Chair, we have James Schlatter.

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Hi, could you state your name and spell for the court reporter?

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Hello?

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Sir, you have to unmute yourself. James, last name beginning with an S.

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Yeah, my name is James Schlatter. I'm here with my wife, Amy Hodgson.

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Wait a minute, wait a minute, wait a minute. Spell your name for the court reporter.

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J-A-M-E-S-S-C-H-L-A-T-T-E-R.

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You swear for him to tell the truth, the whole truth, and nothing but the truth.

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I do, absolutely.

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I would appreciate if you could give us your opinion on it right away and try not to repeat anything that's been said already.

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uh i well if you can is it possible to put the photograph up of the of the um the 18th street

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side of the building um because we are right next door we live in i don't have i don't have the

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photograph okay um i i concur absolutely with what my neighbors have said so far and i don't

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to prolong the discussion. But I just wanted to say that even before, as the house was originally

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built, it was absolutely out of context for the neighborhood. If you look at the building,

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it looks more like an office building or administration building than a home.

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And it dwarfs our house right next door. We have a trinity. The houses that Mr. Toner mentioned,

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going up Lombard and further down 18th Street. Yes, they are above the height limit, but they

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at least are in some character of the traditional houses in the neighborhood. Mr. Madonna's house

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would only add in scale what is already there, which is this big blank anonymous building that

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does take up two lots the uh the roof deck and the addition again I agree with Jim and and Beth

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it just looks and if you can see our what we have a beautiful nice tall three-story house and next

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to that building we are absolutely dwarfed all right Mr. Schlatter we appreciate we understand

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where you stand with the project we really do may I add I am Jim no no no no listen me

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Yes. I think your testimony we understand completely.

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OK, is there anyone else in the virtual audience?

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I see no hands, Chair. Planning Commission.

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This is Ron Bednar, City Planning. While the lot is designated for commercial mixed use in the comprehensive plan,

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it was rezoned to RSA 5 in 2017 to match community led remapping effort.

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Whereas the requested request for variance for the setback may be justified by the dimensions of this corner property. There's no features unique to this lot that would present a hardship that would require the building 15 feet above the maximum height in this district. Consequently, the planning commission recommends denial of the variance.

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Thank you. Mr. Fiscaldo, we're going to close the record on this case. We're going to look at this

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in our executive session next week, and we will vote on it next Wednesday at two o'clock. We do

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want to see you in your presentation, you talked about revising a plan. We want to see what that

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plan looks like council i apologize i was muted there there is a there is a plan at tab at tab

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no no no you talked about yeah doing away with decks or something something that i guess right

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what you want to do is listen to me listen to me it's cases closed we don't need your client we

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heard your client talk about the neighbor down the street we understand that what we want is

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before we vote for executive session we would want to see what that plan is you talked about

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okay and all you have to do is get a hold of our attorney and she'll straighten you out and figure

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how to do it thank you very much and thank thank you to you and thank you to all the neighbors

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who spent a lot of time thinking about this and we'll we'll bring this to a head next week thank

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you okay number 17 mi 2022 003 580 8200 ridge avenue joseph consul is the attorney

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letter of non-opposition from the upper roxburgh civic association

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A letter of non-opposition from the Upper Roxburgh Civic Association.

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Mr. Consul.

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Good afternoon, evening.

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There you go.

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

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Yeah, it's Joseph, J-O-S-E-P-H, Consul, C-O-N-S-O-L-E.

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Right.

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

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I do, Chair.

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Could you identify your client in relationship to the property?

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Yeah, Mr. John Summers, and he's representative of Mr. Jack McDavid, who's the owner of the property.

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Our vice chair has a few questions.

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Hi, Mr. Consul.

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

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I do.

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Have you emailed the exhibit packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos under plans of the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, Tal.

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Okay, you may proceed and share your screen.

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I believe I already shared. Is it up?

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It's up.

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All right. 8200 Ridge Avenue, Philadelphia, PA. This is a 143,808 square foot property, zoned RSD3, which is for a single family home.

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Obviously, this is not a single-family home.

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This property is huge.

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It goes all the way back and encompasses the large tower you see in the distance there.

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This is on Ridge Avenue next to the Roxborough Church in Upper Roxborough.

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uh in 1973 the we believe the building that you see in the foreground here was built uh and we

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have a certificate of occupancy in our project in our packet which shows the city approved that

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building for one office use and two uh residential units uh in addition to the office

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they were not um the licensing was not properly kept up for those uses so the co expired and

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we're here trying to re-establish those uses um the antenna itself has uh a bunch of different

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leases attached to it the that that is properly licensed and approved by zoning um just by virtue

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of the fact that so many different um uh tenants have been involved with that with that building

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forever but i mean the tower forever but the the building that we're here today the one on the

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foreground here um has not had its co or anything um re-approved so i'm going to show you some

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photos of the outside of the building this is the office space i included a floor plan

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just to show you both an old floor plan from the original construction and also the just kind of a

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mock-up it's two two-bedroom units that have existed here since 1973 these units are on top

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of the office space on in this building here they have a private entrance which despite there being

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a large tower as you saw in the photo is actually feels pretty secluded um and

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it's kind of it there's a parking spot on the right there also part of this property

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uh there you can see it's another angle that's the building here's the water heaters that have

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been around for the first floor there's the two electrical meters there's the common space meter

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here's another shot from across the street we also included all of our necessary deeds and

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tax clearances and then finally this is the 1973 co approving for the offices and two um

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two single family units our refusal is uh which i actually didn't put up on the screen but um our

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refusal is for both the office use and for the two-family uses. Because it's zoned residential

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single-family, neither the office is approved by right nor is the two-family living approved

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by right. We went in front of the Upper Roxborough Civic Association. They did not oppose what we

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were trying to do. There was lots of old folks from the neighborhood who said that this has

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been operating as far back as they can remember and we would submit that that was 1973 when this

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And we would submit that that was 1973 when this was originally approved for the use that we're seeking today.

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Obviously, residential single-family detached is not appropriate for this humongous lot.

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And so we're hoping the board can approve the variance to re-legalize the use as it's been operating.

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And there's a functioning business in the office space, and there are tenants in the units.

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And I will call Mr. John Summers to adopt my testimony.

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Mr. Summers, could you state your name and spell for the court reporter?

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John Summers?

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Spell your name for the court reporter, please.

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j-o-h-n-s-u-m-m-e-r-s right do you swear or affirm to tell the truth the whole truth and

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nothing but the truth i do proceed counsel good evening john uh did you hear my testimony today

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regarding 8200 ridge avenue yes i did do you adopt it as your own and on behalf of uh on behalf of

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Mr. Jack McDavid. Yes, I do. Is there anything you'd like to add to my presentation?

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No. Okay. Thank you, John. Questions from the board? No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Chair, we have Andrea, last name ending in the F. Okay.

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hi sir hi could you state your name and spell for the court reporter please

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sure it's andrea a-n-d-r-e-a last name is formosa f as in frank o-r m as in mary o-s-a

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i think i swore swore you in earlier didn't i yes sir you did it was a long time ago

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so yeah i think you're right it was a long time ago please proceed um i'm actually one of the

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tenants that live above that commercial building um with my two kids so we were trying to get this

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zone for a while now so i'm just hoping you guys can all come to an agreement on it okay well well

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thank you for uh calling in and and thank you for hanging in here as long as you did thank you thank

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you is there anyone is there anyone else in the virtual audience yes chair we have tina last name

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in the NW.

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Hi, Tina. Could you state your name

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and spell for the court reporter?

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Yes, Tina T-I-N-A

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Waddell W-E-D-U-L.

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Right. Do you swear or affirm to tell the truth

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the whole truth and nothing but the truth?

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Yes, I do. Proceed.

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Okay, hi. I'm a tenant in

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Unit B, where my daughter resides

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with my two grandkids. And like she

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said, we're trying to get this in

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the green too.

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Okay.

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Thank you very much for calling

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in and we appreciate your input anyone else in the first audience i see no more hands here

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planning commission this is ron bednar city planning comprehensive plan recommended a

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zoning map change to industrial commercial mixed use at this location proposed use is consistent

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with the documented previous uses on this property and would conform with the zoning proposal and

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the comprehensive plan. Therefore, the City Planning Commission recommends the granting

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of the variance. Thank you, Ron. MI-2022-003-588-8200 Ridge Avenue, I vote yes.

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Harold Tenneri, my vote is yes.

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Thomas Holloman, my vote is yes.

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That's three votes. That's enough. Thank you.

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Thank you.

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All right. We're going to move right into the 330 list.

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My name is Bill Bergman, and I will be chairing this 330 ZBA hearing list.

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With me is Carol Tenere, our vice chair.

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Present, Mr. Chair.

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Thomas Holliman, our board member.

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Present, Mr. Chairman.

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James Snell, our board member.

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Mr. Snell should be back shortly.

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Also is our board attorney, Hillary Emerson.

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and Lakeisha Dandy is our ZBA hearing supervisor. Before we begin, here's our virtual format.

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Be advised the proceedings are being recorded. By participating, you acknowledge your agreement

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to be recorded. The video will be available by contacting tonyasunkett at phil.gov. For the

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benefit of our court sonographer, we ask attorneys and witnesses to identify themselves before

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testifying. If you're participating by phone, if you wish to testify, press star nine to raise your

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If you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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hand and star six to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email address and the property in question.

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And lastly, the question and answer box on the screen is not for comments or testimony.

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Any comments have to be directed to our Executive Director, Tanya Sumpit.

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