civus
Hearing video

ZBA Hearing - August 2, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Aug 2, 20234h 35m

Okay.

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Thank you.

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We have someone could give Mr. Canusa some instructions here.

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Oh, wait, here we go.

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Here we go.

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We're getting there.

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Okay. All right. Okay. Thank you.

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I'm showing you the vacant lot with the photos.

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and the photo also shows the notice that is being provided

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to the public and on this vacant lot my clients are seeking to construct a three-story residence

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with a lower-level two-family residential affordable housing.

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We will include a roof deck for the occupant of the second and third floor

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and an outdoor open area courtyard for the resident in the basement

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or lower-level and first-floor portion of the building.

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Unfortunately, this community is in need of high quality, affordable residential units, and we believe that the construction of this proposed use will be of benefit to the neighborhood.

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Um, as, uh, we would like to go to, uh, the screen, which will show you the plans, uh, of the, um, of the, uh, actual, um, architect's drawings, uh, which, um, lay out that on the, um,

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three-story in this three-story building with the use of the lower level

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that there will be a bedroom and bath on the lower basement level and an additional room

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that could be either used as a home office or a bedroom on the second or first floor level

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That would be the living area and dining and kitchen area.

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That would be the living area and dining and kitchen area and a bedroom to the rear.

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And as you can see at the rear of the first floor, there would be access to the outdoor courtyard for use by the occupant of those two levels.

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On the second level, we will have the living area, dining and kitchen area with a powder room or a half bath and also a bedroom.

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The third floor will consist of two bedrooms and what I consider a substantially large bathroom, and that also will have access to the roof deck, which is also shown on these plans.

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We also have a rendering of the front and the rear plans for this building as proposed by the owners.

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Our request, we believe, will not impact negatively on the neighborhood.

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Unfortunately, there are numerous multiple family dwellings in the area which are currently used similar to this property, though it is primarily a single family residence area.

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area. And that is what the current zoning provides for this property. As the lot joins to the south,

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the rear of the properties on Hazard Street, that would be the 1500 block of Hazard Street.

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and to the north is the main street of Huntington and to the south is the major intersection with

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Cumberland. There are numerous vacant lots in this area which do not lend to the benefit of

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the neighborhood and we believe that this use for two families which is the only way that

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affordable housing can be provided at this location is to have the property used for two

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residents as to try to construct a single family residence for occupancy by someone at a reasonable

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costs. We have met with the RCO, which was the Uptown Development Company. And as stated by

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the chairman, we received a favorable result from that meeting with that group. We have attached

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here to the notice of the meeting and then we also provided uh the results as presented which

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there was no opposition to our request as a result of that meeting with the uh community group

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um i would at this point like to uh uh have miss woods uh be permitted to

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And counsel, one quick question, counsel, one quick question.

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That block itself, the twenty five hundred block has multiple units on it.

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Yes, we believe. And most of a lot of the block is is is vacant.

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If you look at the Google Maps, we have a lot of vacant lots on that block, which, unfortunately, we can't make representation as to what that use will be in the future.

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Okay.

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All right. Thank you.

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could you state your name

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please and spell for the court reporter

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yes Ellie Woods

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could you spell

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your name too yes E-L-L-E

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last name is W-O-O-D-S

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do you swear or affirm

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to tell the truth the whole truth and nothing but

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the truth I do

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and you're one of

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the owners of the property in

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question here this afternoon

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Ms. Woods

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are you one of the owners of

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this property in question here this afternoon? Yes, I am. And who is the other co-owner of the

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property? Her name is Gözde Yılmaz. And what is your relationship to her?

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Her name is Gözde Yilmaz.

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And what is your relationship to her?

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Partner.

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And did you hear my statements to the board this afternoon?

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I did.

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And do you believe that they are accurate, true, and correct?

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Yes.

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And do you adapt what I have stated to the board in this presentation today?

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I do.

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Thank you.

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Questions from the board?

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No, Chair.

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Chair. Questions or comments from the virtual audience?

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Chair, I see no hands at this time.

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Planning Commission.

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We're on Bednar City Planning. Property is indicated for residential use on a city plan or adopted district plan recommends no change to existing zoning in this location.

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I believe the applicant's hardship is not supported with evidence of unique physical circumstances or condition of the property that would prevent it from being used in conformity with the code.

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Therefore, we recommend requests for variance not be granted.

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Thank you.

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So, Hillary, we're going to close the case and hold it just for the receipt of a tax clearance cert?

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That's correct, Mr. Chair.

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The record is closed.

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Two weeks?

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Two weeks to vote?

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We don't even need to put a date on this one, Mr. Chair.

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we'll put it on an add-on once we receive the tax cert. Thank you. Thank you, Hillary. Thank

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you, counsel. Thank you. Thank you. All right. Number 10, MI 2023-001-414-1320

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North 18th Street. Alan Notcomson is the attorney. Letter of support from United

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Neighbors Alliance Civic Association, and also the applicant has provided a letter of support

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from a neighbor. Mr. Nockleson is coming back and is a panelist, Chair. Thank you.

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Good afternoon, Mr. Chairmembers of the Board. Alan Nockleson. Could you identify your client

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in relationship to the property?

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Yes.

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My client's the owner of the property,

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1320 18th Street, LLC.

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And in the virtual audience

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is one of its members,

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Markita Eshun.

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And our vice chair

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has just a few questions for you, sir.

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Good afternoon, counsel.

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Do you agree to waive

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the reading of the refusal

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and stipulate to its accuracy?

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I do.

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Have you emailed in

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all the required documents

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and exhibits that are needed

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to proceed with this case

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five days in advance of this hearing? Yes, we have. Thank you. Please proceed and share your screen.

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Pretty straightforward matter. We're looking to put a triplex here at the corner of 18th and

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Keshaw or Kershaw. And this board has heard a similar case a few years ago in which they

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approved the variance request for whatever reason the previous owner of the property never built

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upon it, my client has full intention to do so. So, you know, we're here today to hopefully get

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that same variance approval that was given to someone else many years ago. So we have a table

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of contents, which includes a notice of refusal. As indicated, we have a letter of support from

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the United Neighbors Alliance Civic Association. It's property is located in the Francisville

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section or a cabot section, I'm sorry, of Philadelphia. We have a letter of support from

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a nearby neighbor who would be impacted by our project. What we're offering is not out of

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character to what the zoning board has previously approved. And we took a detailed, we created a

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detailed list of all the nearby variance projects that the board has approved and compared to our

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project and would fall well in line with what was previously approved uh we also have that zoning

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permit where again by way of zoning variance uh zoning permit was issued for a triplex many uh

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years ago or i think it was like maybe five years ago so what we're asking for is not out of character

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in that respect either maps of the area photographs of the property our plans and drawings the rco

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meeting notice there it was a well-attended meeting and the the group voted overwhelmingly

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in support of this project. Our application for appeal, our deeds of property, which shows the

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1320 18th Street LLC is the owner, and their certificate of tax limits. As stated previously,

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I have one of its members, Markita, in the virtual audience. I would ask that she virtually raise

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her hand once I'm done with my presentation. She could be sworn in, and then she can adopt

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my testimony as her own. So our notice of refusal, again, we're not seeking any dimensional

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variances here. And we're a corner property. So we have the ability of every residence to

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have access to the rear yard for trash storage and removal. So the only refusal we have here is

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uh storage and removal so the only refusal we have here is the three dwelling units

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uh it's a pretty sizable lot that's why we have no dimensional refusals and as you can see here

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in 2017 this board under calendar number three one eight one four granted variance for three units

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exactly what we asked are asking for letter of support from uh the united neighbors uh

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Civic Alliance, Civic Association. They were very complimentary of my client, her presentation,

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and the project as a whole. And then a letter of support from Kevin Matheson. His property is

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around the corner from my client's property. His property would be impacted by this project,

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and he has no objection to this increased density in this part of the city. And then nearby

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multifamilies. So we did extensive research here. There's well over 20 properties. On average,

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the square feet per unit is 475.3 square feet per unit for these RSA-5 properties,

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which receive variances. Ours is in line with that at 400 square feet per unit.

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And then, again, most importantly, this board already heard a similar type of zoning request for this property and approved it in 2017.

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So what we're asking for is not out of character to what this board has heard and has proved specifically with respect to this property.

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And then maps of the area. Here we are, corner of Kershaw and 18th Street.

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as you can also see, we're not that far away from our M1 property, which would allow this use as a

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matter of fright. And then here we are too. You can see where we are in the neighborhood. We're

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not that far off from Ridge, which has some commercial aspects to it. So it will help support

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that commercial corridor as well. And then photographs of the property. This is the corner

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of the property from 18th street uh north 18th street to the right of the property as you can see

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right here is a four is a three unit as well because that's four meters one of course would

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be for the common area north 18th street to the left of the property kershaw to the right of the

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property kershaw to the left of the problem our here are our orange notice posters posted on both

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sides, both Kodashaw and 18th Street, our plans and drawings. And then again, just to go quickly

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through the floor plans, unit number one is the first floor and lower level. Unit number two is

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the second floor. Unit number three is the third floor. Our RCO meeting notice we had our meeting

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June 14th at 6 p.m. 173 addresses were notified of the meeting. List of the addresses. Proof of

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mailing to those addresses.

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Our application for appeal that we filed on behalf of 13-20-18-18th ST-OLC, the owner

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of the property, along with the notice of refusal and the project information form,

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deed to the property showing that 13-20-18th ST-OLC is the owner of the property, as well

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as the certificate of tax clearance showing no real estate taxes are owed as to this property.

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I would ask that Marquita virtually raise her hand and be sworn in.

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

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Chair Marquita Eshun has been unmuted and allowed to speak.

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Hi, could you state your name and spell it, please?

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Hi, Marquita Eshun, M-A-R-Q-U-I-T-A, Eshun, E-S-H-U-N.

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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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Proceed.

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Oh, yes.

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Markita, you heard everything I had to state today about your zoning map.

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Yes.

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And what I stated, was that true and correct?

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Yes.

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And do you adopt it as your own testimony?

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Yes.

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Thank you.

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Thank you.

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Questions from the board?

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No, Chair.

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No, Chair.

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Questions or comments from the virtual audience?

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i see no hands chair planning commission this is uh ron bednar city planning in 2017 the zoning

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map in ludlow was uh were converted from residential multifamily to residential single

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family at this location there's no unique physical circumstances or condition of this property

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that would prevent it from being used in conformity with its current zoning code therefore

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we recommend, of course,

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variance not be granted.

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Thank you.

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MI 2023, 001-414-1320 North 18th Street.

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0-0-1-4-1-4-1-4-13-20-N-18-Street.

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I vote yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Counsel, you have your vote.

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Thank you. Have a great day.

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