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Hearing video

ZBA Hearing - August 2, 2023

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

the side of it the side that's the picture of it was posted out front as

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well this is the notice this was published these are all the supporting

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signatures from neighbors around the area we went around door-to-door these

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are the certified receipts that we mailed out um about these hearings to all the neighboring neighbors

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and that's pretty much it yeah guys have any questions mr man this is all new construction

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yes sir okay are there other multiple family units in the area

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i yes there is i believe there is yes okay questions from the board

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no chair no mr chairman questions or comments from the virtual audience

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chair i see no hands at this time planning commission thank you mr chairman and good

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morning david effecta with the city planning commission the comprehensive plan recommends

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no change to the residential single family zoning at this location there is no unique physical

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condition or circumstance of this 1218 square foot lot that would prevent it from being used

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in conformance with the zoning code the city planning commission recommends the board deny

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the proposed use variances for two-family household living and vacant commercial space thank you

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MI 2023 000 972 313 West Somerset Street. I vote yes with proviso. This approval is for

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two-family household living only. Use registration required for vacant commercial space prior to

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occupancy. Thomas Holloman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso. Thank you, sir.

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Thank you. You have your votes. Thank you. We're going to go back to number three. MI 2023

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03-000-820-2468, Frankfurt Avenue.

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Jennifer Bazzillo is the attorney for Daniel Welsh.

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Letter of support from East Kensington Neighborhood Association.

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Letter of support from Fishtown Kensington Area Business Improvement District.

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And a letter of opposition, non-opposition from Council Member Squilla.

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

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Okay.

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There you go.

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My name is Jennifer Bazidlo, B-A-Z-Y-D-L-O.

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Right.

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Do you swear a firm 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 client, a relationship to this property?

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Sure. His name is Daniel Welsh, and he has been the owner of the property since 2005.

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Sure.

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His name is Daniel Welsh, and he has been the owner of the property since 2005.

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life.

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And our vice chair has just a few questions.

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Great.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do agree to waive the reading of the refusal, but I don't think it's completely accurate.

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Understood.

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I've emailed them all the required documents and exhibits that are needed to proceed with this case five days in advance.

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Yes, I did.

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Thank you. Please proceed and share your screen.

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All right. Let me just move this over here so I can go.

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Okay. So, like I said, my name is Jennifer Basidlo and I'm here representing the property owner, Daniel Welch,

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who's owned this property since 2005.

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In the packet, I'm just going to go briefly through

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and we'll come back and revisit most of these exhibits.

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But refusals, we'll get into this later, obviously.

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Project information form,

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deed showing that he is in fact the owner of the property,

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proof that there's no property taxes owed,

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the letter of support from ECNA,

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the letter of non-opposition from Fishtown bid.

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This, I actually emailed the board this morning. I just got these letters from the near neighbors,

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both adjacent and to the rear of the property. So there's like five letters of support.

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We're going through the zoning maps. We'll come back to this. This is the historic zoning map,

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zoning archive, coming back to this as well. Photographs. This is the aerial photograph.

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Photographs of property. There's my postings on the front and rear. Again, front on Frankfurt,

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rear on Martha and our plans, and we will come back to all of this. So let me go here. And so

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2468 Frankfurt is a CMX2, is currently zone CMX2, and it runs street to street from Frankfurt Ave

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back to Martha, which is a small street here that's largely the rears of homes on Ember

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and the rear of some properties on Frankfurt and a lot of vacant properties as well.

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Currently, this property, so as you can see, there's two main structures on this property

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with a yard that separates them right here. This front structure is currently three residential

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units. And that was given a use permit in 1960 for the three one-bedroom units in that main

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property. And we're not proposing any change to that. What we're looking at here is just this

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rear building that faces Martha. So let me just go to the picture so you can see a little bit more

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what we're talking about. So this is the front on Frankfurt. This is the rear on Martha.

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And they are separate structures. This is the little yard that's in between the two.

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So our proposal is to take this structure that was a former carriage house for the property.

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As you can see, it's old. It has been around a long time. Take this, preserve it, improve the

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facade and basically, in general, renovate this to be used as an additional bi-level

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one-bedroom residential unit.

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So if we go to the plans, you can see here again, this is the Frankfurt Ave structure,

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the open space, and then this two-story former carriage house.

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And pretty basic structure, going to have a living and kitchen space on the first floor,

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one bedroom, one bathroom on the second floor.

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This did generate two refusals, the first of which I have no objection to, and that is for the minimum lot area required for four residential units in a CMX2 zoning.

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By the code, you're required to have a little 1,920 square feet, and our existing parcel is 1,613 square feet.

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Like I said, we have a permit from, excuse me, a permit from 1960 that created this three residential units plus the garage in the rear.

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And when my client purchased this property in 2005 and up to about 2017, this property was owned RM1.

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this property was zoned RM1. So here you can see here, this is the prior zoning map.

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Um, so here you can.

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This is the area we're talking about here. This is Martha. This is Frankfurt. And so the property

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is one of these right here. And in, when he bought this house and this property in 2005,

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it was always, he was living there until 2016. And it was always his intention to convert this

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carriage house and restore it into a residential unit. Prior to the remapping in 2017, this would

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have been a buy-write project and we wouldn't have been here. In RM1, for four units, you only need

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1,440 square feet of parcel for the four unit, and we have over 1,600 square feet. As you know,

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Now in CMX2, the zoning code is anticipating that in addition to whatever residential units, there would also be a commercial unit.

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So in the 1920 square feet that's required, you would actually have five units, a commercial unit and four residential units, right?

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Right. So and if you only wanted to have four total units, a commercial and three residential, you would you would be back to, excuse me, 1440 square feet of parcel required for those four units.

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So because we have a long-standing use here, and then this is the new zoning map, as you can see,

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it is CMX2 now. So here we have a proposal where we have four total units without a commercial

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space, which we're going to get to next. But that lack of commercial space has been there since the

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1960s. So we would like to continue to use this as a purely residential building, restore and

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renovate the existing older carriage house in the back and have four total units, as would be allowed

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by the zoning code in CMX2, just without one commercial space. So it's not really,

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we don't think that this is an overuse of the property at all, since we would be allowed to

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have actually a more intensive use of three residential units and a commercial space on

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this property by right um all right so that gets us to um the second refusal which is for the lack

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of commercial space um let's just go to the refusal um it's specifically for a lack of

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commercial space along martha as we already have had a zoning uh zoning in place for no commercial

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on Frankfurt since 1960. And the reason I'm objecting to this is because

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the code only requires commercial space on the ground floor of the primary frontage of the

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property. And very clearly here, the primary frontage of the property is on Frankfurt Avenue,

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not on Martha. And we received refusal for lack of commercial space on Martha. However,

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I'm still going to give our case why it's not a good idea to have a commercial space on Martha.

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So if we go to the photos here again,

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we have the ground floor commercial space just would not be very appropriate here.

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First of all, just based on size, this entire structure when you have two floors is only about

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700 square feet. So you'd be creating a commercial space on the first floor that's quite small,

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which is going to be at most around 350 square feet, perhaps good for, I don't know, a small

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office, but it would be very hard to, it's not really a good commercial space, right? And if you

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look at Martha Street in general, you can see that this is not a commercial street. This is a

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residential block, which is confirmed when you go back to the zoning map. And you can see here

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that fronting Martha, you have RSA 5 homes, RSA 5. And then, you know, these are the rear of

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the commercial properties. But in general, when you're looking at just Martha, you have a residential

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single family home single family block and what's cool about our project right is that you're going

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to have this separate building which looks like a single family home and will function as a single

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family home on a block that's zoned for single family use uh it's just that because it's one

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property uh it's going to be multi-family all when you put them all together but essentially

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you're going to wind up with a single unit and a single family home. And so it's going to fit

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right in with the neighborhood. I also think that this is a really much better use to have someone

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I also think that this is a really much better use to have someone living here. As you can see on Martha, we have a lot of vacant space, we have a lot of garages, we have a lot of rears of home, and not a lot of eyes on the street and people going in and out of it.

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it is a block when we talk to the neighborhood. And also from my personal experience, and you

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can see a little in this photo, we have problems with trash and dumping and things like that.

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And the more people we can have interacting with the street, the better to help keep it clean and

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tidy and prevent any sort of misdeeds going on on that block. So we think that this, between that,

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between getting eyes on the street and essentially having a single family home facing a single

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family block and preserving a fairly old historic structure. We think this is in harmony with the

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neighborhood and the comprehensive plan. We did meet with ECNA and Fishtown BID and I will get

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to their letters. So I did send out all the notices and it was posted. We had two people come. They

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were both in support. I just wanted to say also that the contractor, who is also the proposed

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tenant uh for this project um did do further outreach to the community both before we started

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the zoning appeal process and during um and and talked to the neighbors extensively i think no

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one came because they were all okay with it based on what he told me but again that's just what i

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was told take it for what it is uh we also meet with the fishtown bid i just want to highlight uh

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this section of their letter which said in the current matter the part of the property that

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faces our district, Frankfurt Ave, has already been legalized for multifamily use. The rear

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garage facing Martha does not have any commercial frontage on the street and is most suitable for

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residential use. The Fish Town area bid believes that this is the best use of the detached structure

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and will add to our growing residential density, which will in turn continue to help the thriving

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business corridor. And we tend to agree with that assessment. Let me just get to the neighbor's

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letters of support. So I can show you, this is the adjacent property owner at 2470 Frankfurt.

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No, you know, they're in support. 2465 Amber and 2461 Amber are the properties to the rear

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that their backyards face Martha to the rear of the property. And they are also in support. We

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have another one on Amber 2457. Again, their property backs up to Martha. And this is another

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property owner further down on Frankfurt, who's in support. I did also just want to point out that

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my client has owned this property since 2005, which is 18 years at this point. I can't believe

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2005 is 18 years ago, but it is. And there have been no violations on the property. So you know

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that he has been taking care of it and it is being well maintained. I know trash is always

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an issue when we talk about multifamily housing. Trash will be stored in that rear yard area and

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taken out on trash day like it would in basically in a single family home where trash is stored in

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the backyard and taken out. And then what I did want to highlight here is that this exact proposal

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was previously approved in 2018. I was also the attorney at this point. And at that point,

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it was also supported by ECHNA unanimously, 23 to zero at the meeting. What happened is my client

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owns this property. He's not a major investor, started the project. We got the proposal and he

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was unable to finish it within the three years. So we're back here looking to renew this variance.

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He has contractors lined up, financing lined up, all that ready to go. So this project will be

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completed. In summary, I think that this is a great project because you have a property that

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an old structure that we're looking to preserve and use in a way that makes sense on the block

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as was multifamily use. It's essentially a single family home on a single family block.

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Could you have your client and have them adopt your testimony, please?

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Sure. Daniel, are you here? Can you raise your hand?

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chair i am unmuting daniel welsh hi sir could you state your name and spell it please for the

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court stenographer hi my name is daniel welsh my last name is spelled w-e-l-s-h do you swear or

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affirm to tell the truth the whole truth nothing but the truth i do proceed counsel uh daniel have

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you heard my testimony here today and believe it to be truthful and accurate i do yes and would

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adopt it as your own i would yes thank you thank you questions from the board

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no mr chairman no chair questions or comments from the virtual audience

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no chair questions or comments from the virtual audience

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chair i see no hands at this time my planning commission thank you chair and good morning

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david effecto with the city planning commission the comprehensive plan recommends no change to

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commercial mixed use zoning at this location the proposed variance from the required commercial

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space documents and existing condition however the fourth dwelling unit could be achieved if

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the appellant applied for the mixed income housing bonus, which would remove this variance

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and provide a guaranteed affordable unit. And the appellant has not shown that the economic

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detriment would accrue to the property if a fourth unit were not allowed to be added.

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So the city planning commission recommends that the board grant the proposed use variance from

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the commercial ground floor requirement, but deny the dimensional variance for a fourth dwelling

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unit. May I just respond for one second? I do think that right now we have a vacant structure

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that without a fourth unit is pretty much unusable. MI 2023-000-820-2468 Frankfurt Avenue,

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I vote yes. Thomas Holloman, my vote is yes. Ishmael Shahid, my vote is yes.

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Thank you, counsel. Thank you so much. Number five, MI 2023-000-988-4203 Adams Avenue. Henry Clinton is the attorney. Letter of support from Frankfort Neighborhood Advisory Committee with proviso.

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Mr. Chair, this is Hillary. I also want to note that we received a letter of non-opposition from

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Council Member Lozada. Thank you.

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Morning, Mr. Clinton. Could you state your name, please, and spell for the court stenographer?

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Sure. Mr. Chairman, it's Henry Clinton, A-T-N-R-Y, Clinton, C-L-I-N-T-O-N.

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

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I do.

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Could you identify your client in relationship to this property?

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Sure. I have two clients, Mark Romanoff, R-O-M-A-N-I-W, and his uncle, Michael Milos, M-I-L-O-S. Mark is on the call today.

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Right. Our vice chair has just a few questions, sir.

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Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case five days in advance of this hearing?

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Yes, I have.

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