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Hearing video

ZBA Hearing - October 28, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 28, 20205h 56m

okay

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okay can you see my screen now yes

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yeah no yes okay uh mr chairman this heard uh this this matter whoops

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that's the wrong screen sorry stop share

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working on too many things at the same time here um let me try this one

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that's it

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mr chairman this uh this case was originally heard december 4th of 2019

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at which time following the hearing the chair requested that we provide floor plans

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so they were submitted on December 11th along with a transmittal letter and a request for a vote

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however nothing took place and then obviously COVID hit so upon speaking with Ms. Saleta

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we agreed that it would probably be probably serve the board best to bring it back in

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and then refresh your recollection as opposed to just asking for a vote.

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I submitted a 55-page exhibit packet back then on behalf of Frank Quinn.

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The application was for a two-family dwelling.

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A two-family dwelling is not permitted in the district,

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and therefore we're seeking a use variance.

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And this case stems from a fraudulent sheriff's deed.

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Well, back up a second.

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Ms. Quinn purchased the property through the sheriff's sale in 1984, and the property was known as 1921-23 Kinsey Street.

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And then in 1987, a fraudulent deed was issued pursuant to a sheriff's sale in 1987, which transferred 1923 Kinsey Street to an individual by the last name of Weiss, pursuant to a court action.

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That sheriff's deal was set aside, and then Fran took another sheriff's deed for 1923 Kinsey Street,

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despite the fact that it's one parcel.

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And what that did was that created two separate OPA accounts, OPA accounts.

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So there's now one for 1921, and there's one for 1923.

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As a result of that, an LNI inspection indicated that she did not have the proper zoning.

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for 1921 Kinsey Street, despite the fact that it was zoned as a tap room and four apartments

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since 1983. As you can see, there's a good bit of eight. And then in 2014,

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um and then in 2014 um unfortunately fran filed an application to reduce the first floor apartment

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from from two units to one unit and as a result of that let me find that permit for you

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as a result of that application a zoning permit was issued for the properties indicating that

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the entire first the entire structure was a single family dwelling which was not the case the

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the application you know the prior application clearly indicates tavern and four apartments

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and then her application

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filed in 2014 here's the permit let me blow that up for you um they documented the existing

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a single family dwelling in the two-story structure, which was not what she's thought

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to do. As you can see, she clearly indicated on the application that the first floor

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would be a single apartment as opposed to the prior use of two apartments. So to make

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a long story short, you know, this property is, it's one parcel. As you can see here,

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this is 1921-23 Kinsey Street again this is 1911 Kinsey Street there is no separate parcel in

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between those two uh the photograph shows it's one it's one structure um we have other photographs

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show in the the front of the building which despite the fact that it has separate paint colors

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It is, in fact, one structure and is currently – there you go.

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So this side is 1921.

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That's our zoning poster from the prior listing.

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And then you'll see on the right side is 1923, which used to have a tap room called the Kinsey Street Cafe.

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That tap room is now closed.

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The liquor license has been sold off, and that is vacant commercial space at this time.

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again you can see the multiple meters for the for the various residential uses the commercial use

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and so the board asked for floor plans um to try and help you understand the layout of the building

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so i think we were not to interrupt i think we were concerned at the time with how they were

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connected or something there was a breach in a wall no it's it's it's one building so there's

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no breach in the wall but but you know office of property assessment now has it listed as two

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separate parcels all right once once i get the zoning straightened out i'm going to go go to opa

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and i want them to consolidate it back into one one parcel one one account

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understand thank you so but in any event the you know on this side this is the vacant commercial

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space the former kinsey street cafe there's a side entry that takes you into the apartments

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steps leading up to the second floor bring you to this landing okay uh you would turn left to

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enter this apartment and you would go straight forward to enter the apartment that is now

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currently over the commercial uh vacant commercial space so frange is trying to get back to where she

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was before uh yeah the erroneous permit you know well number one the erroneous deed and then the

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erroneous permit issued by ellen i when she was just seeking to eliminate there was an efficiency

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see apartment downstairs in the front so she was trying to eliminate that to make this just one

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unit or over here at the first floor so so presently what we have is despite the fact that

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OPA indicates that it's two separate parcels you know we we in fact have one legal description

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it's one parcel and it currently consists of a vacant commercial space on the 1923 side on the

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first floor and then there are three apartments the first floor apartment on the 1921 side

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and then the two apartments above uh the entire structure so we're just we're just asking the

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board to you know confirm confirm this use so that way she can get tenants you know she can

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number one get her building permits for the interior renovations which she's been uh seeking

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to do since last december and uh and obviously it would have been a great time to be able to do it

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during covid well nobody was in there so um fran you've heard my representations to the board are

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they true and correct yes would you adopt them as your own testimony absolutely yes thank you

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very much thank you questions from the board no no no thank you planning commission

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good afternoon chairman members of the board uh my name is ian litwin i-a-n-l-i-t-w-i-n

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planning commission staff we're confirmed to tell the truth the whole truth nothing but the truth

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We are confirmed to tell the truth, the whole truth, nothing but the truth.

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yes i do

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Yes, I do.

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Please proceed.

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So this property is recommended for residential use on the comprehensive plan.

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The property is large and will permit five families if it had remained zoned on one as recommended in the district plan.

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Accordingly, we have no objection.

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Thank you very much.

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Calendar number 38109.

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1921 Kinsey Street.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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My vote is yes.

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That's it.

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Four.

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You only get four today, Sean.

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Thank you, Mr. Chairman.

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And everybody have a great day.

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And how's Carol doing?

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She's coming along.

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She's coming along.

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Thank you.

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Very good to hear.

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Thank you.

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Stay safe.

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Okay.

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MI 2020-000331-950 North American Street.

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I have Eric Ginsberg. You've been promoted to panelists. You can unmute yourself and

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wait to be sworn in. Good afternoon, Mr. Ginsberg. Please identify yourself with a record, name

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and address, spell your last name, and I'll swear you in. Good afternoon. Eric Ginsberg,

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E-R-I-C-G-I-N-S-B-U-R-G.

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I'm the owner and applicant at 950 North American Street.

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You're going to affirm to tell the truth, the whole truth, nothing but the truth?

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I do, yes.

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Confessor?

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Mr. Ginsberg, before we begin, is this an LLC?

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No, that's erroneous.

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I'm private owner of a residential property.

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That business was mine.

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It's totally unrelated.

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too. Okay. Is the deed under LLC under your name? It's under my name. And this is Sharon Saleta. I

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did check the deed. It is under his name individually. Thank you. Okay. Have you

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emailed an exhibit packet with the required documents, proof of ownership, proof of tax

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compliance, copy of the refusal or referral, photos and plans five days prior to this hearing?

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Yes, I have. Also, have you met with the RCO and have a letter? Yes, I do. Thank you. Please proceed.

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Mr. Chair, this application was to add an accessory parking space, a second accessory

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parking space to a residential property at 950 North American Street. I have a number

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of documents I can present. I wasn't sure if you want to see every single item or for

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the record. As much as a floor plans and or photographs, that would be helpful.

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Sure. Okay. I'll show you the presentation that I made to the Northern Liberties Neighbors Association Zoning Committee.

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Just bear with me, my computer is working a little bit overtime.

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bear with me one moment i think i have it

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okay uh is that sharing appropriately yes okay

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This is the front of the property. This is 950 North American Street, the house with the red arrow and the green door. Every property on this block of 950 North American Street backs up to a small service street called Bodine Street. It runs along the east side of Liberty Lands Park.

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um so it is it is straight through when this property was originally zoned as you can see

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the large concrete pad between the gray fences represents the rear of the property

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for demonstration purposes the white larger vehicle is a zoned accessory parking space

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there is a zoning permit for that from 2003. what we are asking what our plan is requesting

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a second accessory parking space where the black car is located

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for demonstration purposes. Relocating the utility

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relocating the utility pole about 10 to 11 feet to the right and extending the existing curb cut

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pole about 10 to 11 feet to the right.

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to 24 feet. That was the plan that was submitted to L&I which was refused. The streets department

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did approve the geometry of it. We have a copy of of that that plan as well.

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um here is a site plan or at least a snippet of the site plan that was created by my architect

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simulation design lab you can see what we are doing here is this is the existing parking stall

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you see at the rear of the property and this is the additional parking stall that we are requesting

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um the dimensional dimension it met all dimensional standards so there is the refusal

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was not based on open area dimensions of the parking stall uh open space requirements side

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yard requirements rear yard requirements were all met uh this is the refusal

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um and i've highlighted the uh most pertinent section of it um essentially in in the rsa5

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district uh accessory parking for any single family use in an attached or semi-detached

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building shall be prohibited unless it can be accessed from a shared driveway, alley, or rear

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street. And more specifically, a rear street on which no street parking is permitted on the side

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of the street directly abutting the lot. So in this case, there are no specific parking regulations

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on that section of Bodine Street. I will show photos of the conditions of that street and the

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parking conditions of that street to make the case for this variance.

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Okay, so that is the only refusal that we were seeing.

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Okay, wrote to the streets department traffic engineers asking if there were any specific

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parking ordinances that they knew of on the street. They do not maintain parking ordinances

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there but they did suggest that they do not know of any formal regulations of that street.

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uh here is the city plan which shows that that that section of bodine street for reference this

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triangle is liberty lands park uh 950 north american street is i'm sorry this section is

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liberty lands park the triangle represents uh the location of my property and it backs up to

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Bodine Street. The plan says it is a 20-foot cartway with two 10-foot curbs, so you have a

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20-foot street. Typically, in a 20-foot street, you'll see one lane of parking, not two. In this

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case, there's no specific postings or regulations about it. Okay, so this is, sorry, Mr. Chair.

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All right, I think you can summarize that would be helpful. Thank you.

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All right. This is looking south down Bodine Street. You can see there's parking on both sides of the street, but the parking that is on the right side, the west side of the street, is really on what is the remains of an old sidewalk from when the neighborhood was more of an industrial neighborhood.

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The park never reconstructed the sidewalk. It seems to be, you know, as the NLNA zoning committee agreed, it's a little bit unclear exactly what the regulations are.

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But given that all of all of the buildings that have a primary frontage on the street are residences, no one has their front door on the street.

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There are no commercial properties on the street. It really is a service street that the impact of the neighborhood of extending that curb cut and allowing that parking space would be somewhat minimal or non-existent.

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I have a letter from the neighborhood RCO supporting the proposal.

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Was there a proviso?

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There was a proviso. The RCO requested that we extend the fence. And for sake of time, I don't want to open the file. It was submitted. But I'll just go back to the original plan. I'll go back to the picture. That's probably the best way.

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What they asked me to do was extend this fence along the lot line so that someone who is in a vehicle on the street doesn't think, well, that whole thing's a driveway. They understand.

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parking yeah yeah okay so uh is that just one page the revised plan uh it's yes it's it's the

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same plan with that amendment of the fence same drawing so is that considered i mean

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sharon that'd be considered a revised plan correct um he actually has to give us a site plan that

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shows the fence extension we do have the provisor plans form but i don't think there is a site

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Document L or I.2.

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okay so is the fence shown on that and marked as something that is new yes let me yeah you know

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Okay, so is the fence shown on that

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and marked as something that is new?

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Yes.

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my computer's a little slow with this file but uh it's it is drawn in on the plan and and marked

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oh okay that's fine then thank you okay so sharon do i do i call it as a revised plan

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yes and he did submit the proviso plans form too so revised plans one page okay very good thank you

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thank you both uh questions from the board no no no anyone would like to testify in this case if so

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please raise your hand no hands thank you planning commission good afternoon chairman members of the

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board again this is ian litwin with planning commission staff bodine street is lined with

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severe size of properties, many with off-street parking. Legalizing this use will have no impact

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on the neighborhood. Therefore, we do not have any opposition to granting the variance.

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Thank you very much. MI 2020-000331-950 North American Street. My vote is yes with proviso.

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Revised plan one page approved today. Yes with proviso. Yes with proviso. Yes with proviso.

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Next one up, it's MI 2020-001305-530-32, Grease Street.

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This is Sharon Saleta. Again, Mr. Henry Clinton is the attorney on this case. We received a letter

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of non-opposition from counsel in Squilla. He requested a couple of provisos, which I believe

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are reflected in the revised plans that Mr. Clinton will be submitting.

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Mr. Clinton, you're under oath, please proceed.

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Confessor when he gets on.

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Are you there?

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he has been promoted to panelists

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hi henry you're still under oath please identify yourself with a record proceed

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