civus
Hearing video

ZBA Hearing - December 21, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Dec 21, 20225h 24m

Mr. Chair, this is Hillary.

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Mr. Chair, this is Hillary

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I just had a

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I just had a quick question both for Ms. Monroe and Ms. Diaz.

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So in the RCO letter, there was reference to a proviso about trash storage,

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and it said that the desire was not to have trash stored at the front of the property.

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I think if both parties would like to have a proviso related to trash storage,

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it might be better to affirmatively state where the trash would be stored as opposed to saying

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where it would not be stored just for clarification and and I wasn't sure what what Ms. Diaz's plans

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were and for that if she could speak to that and Ms. Monroe could um Ms. Diaz where are you going

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to put the trash the trash will be stored in the rear side yard okay thank you Ms. Monroe are you

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okay with that trash to be stored yes and that was part of our uh okay um support with the proviso

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thank you miss munro okay thank you anyone else in the virtual audience

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planning commission wait um sir excuse me i thought

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i like to introduce a neighbor i guess he was able to join

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And he let me know last night he was able to join today.

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Okay.

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

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Yes.

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My name is Steven Grosick.

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It's S-T-E-V-E-N.

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Last name is G-R-O-S-I-K.

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Right.

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And I have a property at 1026 Brandywine Street.

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Okay.

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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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Yes.

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Sir, are you in favor of this project?

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Yes, I am very much.

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It's very good to have a responsible property owner on the street who always takes care of everything.

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And it's great to have people like this around.

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I've been here myself 30 years on the block, and Jessica's been here a long time.

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We need responsible property owners like her to take care of everything.

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Thank you so much for testifying.

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Planning Commission.

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Excuse me, Mr. Chair.

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There was another hand raised from Mr. Alan Phillips.

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I've allowed him to speak.

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Okay. Hi. Could you state your name and spell, please, for the court reporter?

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Mr. Phillips, please unmute yourself.

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

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Hi. Good morning, everybody. My name is Alan Phillips. My last name is, my first name is A-L-A-N, last name Phillips, P-H-I-L-L-I-P-S.

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

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yes sir are you a neighbor yes i am are you in favor of the project i yes i am

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and i am i am actually the neighbor that uh jessica spoke of uh that is attached to her we've

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been we've been familiar with the projects from the beginning and we support the the uh height

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addition and the addition of a duplex and all of that. So we just want to reaffirm our support of

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that very much. Thank you for calling in, Mr. Phillips. Thank you. Is there anyone else in the

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virtual audience? You're not seeing any further hands, Mr. Chair. Planning Commission?

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Thank you, Chair. Good morning. Sarah Bond, Philadelphia City Planning Commission,

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s-a-r-a-h-b-a-n-h right do you swear or affirm to tell the truth the whole truth and nothing

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but the truth yes sir please proceed please in 2017 the zoning map was amended on this block

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from rm1 to rsa5 in accord with a request from city council but contrary to the district plan

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recommendation of excuse me recommendation of rm1 the proposed use would be permitted under

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recommended zoning district the city planning commission recommends that the zoning board

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grant both the use and the dimensional variance. Thank you. MI 2022-006-689-1007 Brandy-Wine

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Street. I vote yes. Proviso, trash stored in rear. Carol Tenere, my vote is yes with Proviso.

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Thomas Holliman, my vote is yes with Proviso. Ishmael Shaheed, my vote is yes with Proviso.

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thank you miss ds thank you so much thank you thank you thank you and now my packing begins

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thank you thank you thank you all right we're moving on to case number four

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mi 2022 004 351 1515 porter street vincent defino is the attorney um

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Vincent Dufino is the attorney.

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Letter of support from Broad Street West Civic Association.

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Mr. Dufino.

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Mr. Dufino, if you are in the audience, please raise your virtual hand.

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Mr. Dufino.

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I see him four times in the virtual audience.

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Mr. Dufino?

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Jason, do we see him?

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yeah i see him but he's um but he's listed wait a minute i just went up okay

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all right i just promoted mr dofino to panels okay

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mr dofino

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do we see him

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he's available he just needs to unmute himself

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Mr. Dofino please unmute yourself

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I'm not sure what's going on, Chair, but he is available.

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He's just not unmuting.

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Mr. Dufino.

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All right, why don't we go on and we'll come back to him, okay?

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Yes.

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Okay, so number 10, MI-2022-004-356-1818 West Burke Street.

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Pascual Calavita is the attorney.

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We do not have an RCO letter as at this point.

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okay sir mr colovita has been promoted

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good morning council

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muted here we go and start video okay good morning could you state your name please and spell for

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What's the court report?

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Musquale Colavita, P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A.

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Right.

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My two clients, I don't know if they've been promoted.

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All right.

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All right.

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

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I do.

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Could you identify your clients in the relationship to the property?

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Yes.

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James Taylor and Pierre Joseph, members of the LLC owners.

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Okay.

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our vice chair has a few questions for you okay do you agree to waive the reading of the refusal

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and stipulate to its accuracy we do have you emailed the exhibit packet with proof of ownership

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tax compliance a copy of the refusal or referral photos under plans of the property five days in

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advance of this hearing and have you met with the rco and do you have a letter

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yes we've emailed all of the documents uh we as far as the rco and the letter here is the

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i'll try to make it as brief as possible i communicated with them back as soon as we got

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the letter from the rco zba regarding the appeal approval attempted to schedule the meeting

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i got in touch with judith robinson the uh head of the 32nd democratic ward

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finally uh agreed to a date with them it was listed for i want to say 1128 1128 correct and

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that's at exhibit um g and i'll share the screen so on that date we were asked to host it so i was

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asked to host this meeting which i did my client and i showed um no one else appeared we eventually

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appeared. We eventually got in touch with, when I say eventually, about 15 minutes

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got in touch with when i say eventually about 15 minutes

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It's...

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after the scheduled time, because I actually had another RCO community meeting at the same exact

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time. So I spoke with Judith Robinson. My client and I spoke with Judith Robinson on that date.

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And so no one, no neighbor appeared. No one from the board appeared. Our communication with

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miss robinson continued after that night she was uh she actually asked us if we were interested

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in putting three units in there but unfortunately my client was unable to obtain uh revised plans

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to reflect the three units she was from our conversation obviously this is all hearsay but

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uh i have no reason to to be disingenuous with the board but i've contacted via email

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voicemails. I've actually spoken to her at least two times since the 28th. I've not received a

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letter. I've not received any additional phone calls back. But my clients are at this point in

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a money crunch and need to move forward with this. We did everything that we possibly could do

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in order to have this meeting. And then subsequent, even if it was just in front of

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another just in front of the board themselves we attempted to do that also again um i submit to

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the board that we did that i did um prepare the notice to the zoning applicant to to the um the

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community i did receive some um letters back that you know either vacant or what or otherwise

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and um it's not that complex of a um request it is in an rsa 5 zone so why don't why don't

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why don't we do this why don't you present your case thank you thank you so if i can share the

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screen that would be great mr chair this is hillary i just want to let you know um mr colavita

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and I briefly discussed this this morning and he let me know that he had sent the letters out

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and hosted the meeting as requested but the RCO didn't show up nor did any neighbors so

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it is it is my opinion that he is he has met the requirements of the board by

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or the zoning code by sending out the letters and having the meeting

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even though the and tried to contact the RCO or been in contact the RCO but unfortunately they

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have not um been responsive all right thank you okay uh again good morning uh this is a an appeal

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for a variance to a two-family dwelling in an existing structure it's in an rsa 5 zone

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and that's obviously the reason for it being prohibited as of right this was a three unit

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dwelling if i'll eventually get to it but just to give you a history on a brief history the reason

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it's no longer a three family dwelling is because the prior owner had listed it as a vacant property

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filed for a vacant property license which then reverts back to its present

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uh proper use of rsa5 so my um client is making one wanted to make no uh height width or length

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uh changes but again that's not really part of of this appeal the appeal is just strictly

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to make it from it to get a variance for a two-family dwelling uh at if you would like

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i'll read in exhibits d which is i'm sorry a which is the deed uh if you want me to show it

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to you i can go we're fine we're fine okay so what i'll do i'll go right to the um the history which

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is exhibit j which is the zoning um and as you can see the the zoning history file on this one

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which was a legal three-family dwelling. If you go to Exhibit K, this is a photograph of the

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property. It's in essence a three-story property. And as you can see in the actual, there are two

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mailboxes there. The utilities are also split. And if we go to Exhibit L, this indicates all

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the properties on that block uh with the exception of one that's not listed here i don't think i

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actually put it in there there's only one single family dwelling on the entire block

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uh 1801 uh the the opposite side the street is actually

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uh 1801 uh the the opposite side of the street is actually zoned as rm1 so what you'll see is

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1809 is a corner lot bottom line is i got there are 20 units 20 different properties on that block

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all of them are two units and above some is as large as five units and if we go and you know

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i'll scroll down i can show you uh what the neighborhood looks like so this one is a photograph

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it looks like 1901 north 18th street as you can see they're all basically three-story units this

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looks uh towards the property on on the left side of the the photograph again if you continue on

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there this is uh on the same block uh the entire block is three units and you can see that they're

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all multifamily dwellings as stated there are some vacant lots and if we continue on we have

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four family dwelling as you can see by the number of electrical meters on on those two properties

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on again on the same block and as you continue on you'll see three unit properties bottom line is

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the entire block with the exception of one property are multi-family dwellings and here's

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our 1818 birch street which shows uh again we're just requesting that this be

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a two-family dwelling and here is a photograph and let me see if i can reduce this of the zoning

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notices in the window and stop sharing at this point and just why don't we have your testimony

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adopted yes so if mr uh either mr taylor mr joseph we can uh have them promoted so i can

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ask them the two questions there's mr taylor at the bottom mr taylor can you hear me yes i can

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all right mr taylor could you state your name please and spell for the court reporter

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my name is james taylor j-a-m-e-s-t-a-y-l-o-r right do you swear or affirm to tell the truth

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the whole truth nothing but the truth yes proceed counsel okay mr taylor do you have an opportunity

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to hear in my entire um presentation yes okay would you adopt my testimony as your own

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as true facts of of as presented yes all right okay good questions from the board

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no mr chairman no mr chairman

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questions or comments from the virtual audience

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do not see any hands mr chair planning commission

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thank you chair sarah bond city planning commission s-a-r-a-h-b-a-n-h

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proceed the proposed use of this property is consistent with documented previous uses

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it is also consistent with the use of nearby properties the city planning commission recommends

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that the zoning board grant the variance thank you mi 2022 004356 1818 westberg street i vote

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yes. Harold Tannery, my vote is yes. Thomas Holloman, my vote is yes. Ishmael Shaheed,

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my vote is yes. Thank you, counsel. Thank you very much. May I be excused? You can be. Have a great

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day. Okay. Number 11. MI 2022-004-474-1948-74th Avenue. Vern Anastasio is the attorney.

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No RCO letter at this point.

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Mr. Anastasio will be coming back in as a panelist, sir.

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Okay.

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morning mr chair hi good morning could you state your name please and spell for the court reporter

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sure verne anastasio it's v-e-r-n last name is a-n-a-s-t-a-s-i-o right do you swear or firm

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to tell the truth the whole truth and nothing but the truth i do could you identify your client

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the relationship to this property yeah i represent mr byron collins owner of the property good and

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our vice chair has just a few questions. Thank you. Hi, Mr. Anastasio. Do you agree to waive the

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reading of the refusal and stipulate to its accuracy? I do. Have you emailed the exhibit

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packet with proof of ownership, tax compliance, a copy of the refusal or referral, photos and

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or plans of the property five days in advance of this hearing? And have you met with the RCO? And

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do you have a letter? Yes to everything. I just don't have a letter. I haven't heard from the RCO.

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A yes to everything. I just don't have a letter. I haven't heard from the RCO.

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Okay, you may proceed and begin by sharing your screen.

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Thank you.

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Thank you.

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1948 74th Avenue. This is an application. We're legalizing a non-conforming pre-existing use.

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