civus
Hearing video

ZBA Hearing - October 20, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 20, 20205h 24m

with ground floor commercial will have a negative impact on the area accordingly we have no objection

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to granting this variance. Thank you. MI-2020-000837, 2701 Ellsworth Street. My vote is yes.

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My vote is yes. My vote is yes.

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Thank you very much, Mr. Chairman and members of the board.

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Number 10 on our list, MI 2020-000353, 2742 Germantown Avenue.

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This is Sharon Saleta.

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This is a request for a special exception.

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There are no variances required.

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anyone to testify um adriana hello can you hear me yes are you here for this case yes i'm the

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property owner uh ma'am please identify yourself with the record spell your first and last name

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I haven't promoted her yet I was just oh I'm sorry all right um and you're presented a case

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by yourself correct okay I'll promote you to panelists my name is Adriana Maletto

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A-D-R-I

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Mileto you just faded away

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I had to promote her to panelists

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so she had to go out and come back in chair

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now she's back

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Mileto

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Ms. Mileto

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Mileto

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Ms. Mileto

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okay now she's ready okay thank you again miss milito would you please uh spell your first and

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last name for the record sure first name a d r i a n a last name m i l e t t o we're in the firm to

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tell the truth the whole truth and nothing but the truth yes please proceed ma'am have you emailed an

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exhibit packet with the required documents, proof of ownership, proof of tax compliance,

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

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Yes, my architect did.

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Okay.

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Also, have you met with the RCO and have a letter?

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Yes, I do.

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Thank you.

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Please proceed.

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Okay.

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My project, this is my first time, so you have to excuse me.

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My project is...

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You're able to share your exhibits.

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That would be helpful.

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Yes, I can.

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can you see my screen

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yes we can yes

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can you guys see my screen

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yes okay um so this is my original letter uh i actually didn't know i was gonna have to go

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through this process, but my building is on Germantown Avenue, 2742 Germantown. It is proposed

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for a bi-level one-bedroom apartment above a commercial space. The commercial space, I wanted

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to make a creative arts gallery venue for people to have events such as like spoken word,

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art. So that's what the proposal was for. Because I want to have events, I guess it fell into the

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So that's what the proposal was for.

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Because I want to have events, I guess it fell into the assembly and entertainment category.

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assembly.

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Let me see.

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I had my meeting with the city June, I think, 25th.

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There was no opposition.

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Ten people attended.

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And I had that at the Village of Arts and Humanities.

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I'll use that.

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I'll use that.

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I'll use that.

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I'll use that.

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So the existing structure, I'm not adding anything, I'm not trying to add any space,

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but I do need to take down the existing front wall.

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there is a huge gap between the bricks and I'm planning on putting two entrance doors one for

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the apartment one for the commercial space and in the back as well there currently is a sealed door

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the previous owner sealed the entire back I want to put a back door as you can see up top

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right here there is a there's also a yard out back there that leads to an alleyway

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this is the first floor right here so when you walk in it would just be open space

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ADA compliant bathroom kitchen in the back room in the back this small rectangular shape would

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be the HVAC system and then back here like I said would be an exit to the rear this would be the

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second floor when you walk in and I know this is not part of the plans for the apartment it's not

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part of the variance that I'm asking for but this would be the apartment I think

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this might be the basement which is just empty

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This is how the outside currently looks.

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This is the rear of the building.

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Like I said, they sealed the entire back of the building.

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This is the inside on the first floor.

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The steps will be moved forward for the apartment.

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we get the picture um okay all right any questions from the board no no anyone else

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would like to testify in this case if so please raise your hand

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i have no hands at this time thank you planning commission good morning

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david effecto city planning commission mr chairman and members of the board this

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property is indicated for commercial and residential mixed use in the city's

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comprehensive plan. This property

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is on the Germantown and Lehigh commercial

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corridor. New activity will

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bring more customers, which may benefit

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other businesses. Accordingly, we have

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no objection to granting this special exception.

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Thank you, David.

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MI-2020-000353

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2742

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Germantown Avenue. My vote is

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yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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Good luck to you. Thank you.

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I believe the next case, MI 2020-000223, 3240 North Front Street, there was a request for a continuance.

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There was a request for a continuance?

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Yes, we have that as a continuance.

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Yes, we have that.

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That already did that.

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All right, go to number 12.

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MI-2020-000842-623 North 36th Street.

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We have Meredith, who I've promoted to a panelist.

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Good morning, Meredith.

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please identify yourself with a record good morning mr chairman members of the board

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meredith ferliger f-e-r-l-e-g-e-r 1500 market street suite 3500 e philadelphia pennsylvania

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and i am here today on behalf of enj development property owner

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do you swear and affirm to tell the truth the whole truth nothing but the truth

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I sure do.

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Thank you, Mr. Plot.

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Meredith, you agree to wait to read in of his refusal and stipulate to its accuracy?

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I do.

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Thank you.

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Also, have you emailed an exhibit packet with the required documents, proof of ownership,

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proof of tax compliance, copy of the refusal or referral, photos and plans five days prior

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to this hearing?

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I sure did.

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Okay.

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Also, have you met with the RCO and have a letter?

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We did and we do.

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Thank you.

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Please proceed.

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Thank you.

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Before I get started, Jamie, if you want to just hit the raise hand button, we can get you sworn in before I get started.

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Hello, Jamie Jimenez, J-A-I-M-E, J-I-M-E-N-E-Z.

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your your your involvement in this case I am the owner

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I swear I'm going to tell the truth the whole truth nothing but the truth

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I swear thank you Meredith please thank you Mr. Chairman members of the board as I mentioned I'm

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here today on behalf of the property owner ENJ development represented here today by Jamie Jimenez

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as the board can see in the photographs that I have up on the screen beginning at tab 15

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the request before the board today concerns an existing structure that was just recently completed

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that is located at 623 North 36th Street, which sits at the corner of North 36th Street and Mount

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Vernon Street. And just so you have a sense of the context here. So you'll see it's right here

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at the corner of North 36 and Mount Vernon. Now the structure was approved back in 2016

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as a two-family dwelling with a ground floor commercial space. The prior permit and the

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zoning plans from the construction are in the packet starting at Exhibit 5. So you'll see here

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the former approval. Now at the time the lot was zoned CMX 2 which did require the ground floor

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commercial space. We're before the board today to request a conversion of the ground floor space

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into a third residential unit, as I'll explain. As is reflected in the floor plans at tab six,

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the existing units that were previously approved on the second and third floor are over 1,100

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square feet and are tri-level units. The newly proposed unit is a bi-level unit over 1,300

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square feet. Trash is stored within each unit, as well as in a gated area in the rear.

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I've included some photographs of the existing units, just so the board

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gets a sense here of what these units look like. I'm just scrolling through.

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With respect to the application, we received one refusal. Now this is somewhat odd. As I

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mentioned, when the project was first approved, the property was zoned CMX2, so the ground floor

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commercial space was required. Now, after Mantua was rezoned in 2017, this property was rezoned RSA5.

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So as a result, now that we're requesting to eliminate the ground floor commercial space,

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which is no longer required, we have a refusal for the proposed multi-family use of the property,

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which already exists, but is prohibited in the RSA 5 zoning district, of course, which is how it was

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rezoned. Now, in the simplest of terms, we have a significant hardship because the commercial space

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is no longer required, the property is already built as a multifamily dwelling, and the property

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cannot be feasibly converted to single-family use at this point. Now, just to elaborate a bit further

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Now, just to elaborate a bit further so the board understands how the owner ended up in this predicament, the owner did intend to put the commercial space to commercial use when the structure was built.

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so the board understands how the owner ended up in this prediction.

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When the structure was under construction, the owner listed the commercial space with a broker on the MLS, and I did include that documentation in the packet at tab 12.

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Now, it was listed in June of 2019, so this was well over a year ago, well before COVID hit.

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The price was reduced several times over the year until the listing expired.

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If you take a look at the photos of the area which I included in the packet,

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you'll get a sense why this commercial space was unable to be leased. There are some single

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family residential structures east on Mount Vernon. To the west are vacant structures and

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large vacant lots, but there's no commercial uses. This is likely why this small property

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was rezoned or residential. We do submit this as the least minimum variance as no dimensional

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variances are necessary here. Increasing the structure from the already approved two-family

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use to a three-family use is well in character with this neighborhood which includes soon-to-be

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development right across Mount Vernon right in this vacant lot here for 18 units and another

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are diagonal on Haverford, which you can see right here on this vacant lot, which will

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be for 40 units. You'll also see those permits in your packet at tab 11. We submit this will

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not increase local congestion. Converting this commercial space to residential will

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have negligible impact, if any, on the congestion in this area. The proposal will not impair

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light and air or negatively impact surrounding properties, given that the property is already

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constructed and it does comply with the dimensional requirements of the code. The use of surrounding

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properties is residential. We submit that the variance complies in full with the provisions

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of section 14-303-80 of the code as is further detailed in my memorandum of law submitted at tab

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9. Now with respect to the community, we met with Mantua Civic. Their letter of support is attached

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at tab 14 Jamie have you heard all of my testimony here today yes I have and

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would you agree my testimony is true and accurate and would you adopt it as if it

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were your own I do with that we would ask you grant this this significant

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hardship application and if you have any questions we'd be happy to answer them

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thank you any questions from the board no no anyone else would like to testify in this

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case if so please raise your hand no hands at this time thank you

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M-I- I'm sorry Planning Commission good morning David Fecto City Planning Commission Mr. Chairman

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and members of the board this property is indicated for residential single-family use in the city's

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comprehensive plan we do not believe that allowing the applicant to convert a former storefront into

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a residential unit will have an adverse impact on this block accordingly we have no objection to

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granting this variance.

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Thank you.

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MI-2020-000842, 623 North 36th Street, my vote is yes.

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My vote is yes.

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My vote is yes.

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Thank you.

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MI-2020-000270, 6615 Ridge Avenue.

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i believe mr demarco chair i'm sorry um i have this as having been heard and voted on august 12th

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all right so we just pass over them right yes thank you

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St. Bernard Street, we have MI-2020-001463, 928 South St. Bernard Street.

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Sharon Soletti, again, this is a case that is on remand from the Court of Common Pleas.

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I'll let Mr. Boland explain the procedural history, but they were not required to submit

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a full exhibit packet.

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Thank you.

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Good morning, Mr. Boland.

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