civus
Hearing video

ZBA Hearing - June 9, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Jun 9, 20216h 56m

It's recording right now.

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Thank you.

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okay chair i see 24 attendees we can start now good morning everyone my name is frank

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de chico i'm the chair of the zoning board of adjustment i'll be participating today's hearing

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along with our Vice Chair, Ms. Carol Tenere, Board Secretary, Professor Plaza, and Board

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Members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator, Ms. Yvette Benton, and Board Attorney, Ms. Sharon Saleta, are also

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in attendance.

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For those of you who haven't yet participated in one of our virtual hearings, I'll go through

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some of the basics of what you can expect.

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First, we will be administering oaths to individual participants prior to their testimony.

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Second, we'd like to advise everyone that this proceeding is being recorded

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and that by participating, you acknowledge your agreement to be recorded

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and that the recording will be made available to the public on the web or otherwise.

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For anyone participating by phone, if you wish to testify,

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you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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I'll repeat.

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For anyone participating by phone, if you wish to testify, you must raise your hand by hitting star 9 and then star 6 to unmute yourself.

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Finally, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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I will repeat, to enter an appearance statement, call Google 267-270-5548 and leave your email address and the address of the property at issue.

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And I also would like to remind everyone, please do not attempt to testify in the chat.

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Any discussion should be made with our board administrator.

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Having said that, we now will go to our first case, which is an add-on.

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And before I ask for the vote, I will ask the Planning Commission to weigh in

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on its recommendations for MI 2020-001-532-1526 Pecker Avenue.

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Planning Commission, if you can identify yourself and I'll swear you in.

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Good morning, Chair Chico. Ian Hegarty for the Philadelphia City Planning Commission. I-A-N-H-E-G-A-R-T-Y.

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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I do, sir.

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Please proceed.

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Good morning, sir. With regard to 1526 Packer Avenue, the comprehensive plan recommends this property for commercial use.

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planning commission believes that the applicant has demonstrated that the proposed use

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will have no more of an impact than might normally be expected for this type of facility

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we recommend that the board grant the requested special exception thank you mi 2020-001532

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1526 packard avenue my vote is yes my vote is no my vote is no my vote is no my vote is no

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Thank you. Hold on one second. Let me get these.

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Where's the continuance list? Okay, the following cases have been requested to be continued.

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MI 2021-000723, 1142 Watkins Street. Attorney Mr. Raymond Diorizio has asked

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for continuance number two on our list mi 2021 that's zero zero zero

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Number two on our list, MI 2021, that's 000721, 1240 Rittner Street.

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Attorney Mr. Vincent Dufino has requested a continuance.

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And if anyone disagrees with the request for those continuances, please raise your hand at this time or others keep your hand down until you're recognized.

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i see no hands at this time chair thank you at this time we'll request any uh any requests for

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continuances or withdrawals please raise your hand here we have a miss lakeisha graham

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miss graham please unmute yourself and you can speak now i'm sorry good morning can you can you

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guys hear me yes please identify yourself spell your full name um yes lakisha graham that's l-a-k-e-s-h-i-a

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last name is graham g-r-a-h-a-m you swear or affirm to tell the truth the whole truth nothing

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but the truth i affirm yes i do please uh you're calling regarding what case um generation of

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scholars expanding my family child care to group at 5921 Haverford Avenue.

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Hold on, please.

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Thank you.

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That's number 14.

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We have not received any exhibits, ma'am.

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Could you explain why we didn't receive any exhibits?

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I'm sorry.

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Are you asking for a continuance?

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yes i am oh okay thank you all right so mi 2021-0 excuse me chair if i could could we call

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to see if anyone for the applicant is here i think she is she is the applicant um oh the

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applicant is a corporation i believe oh i'm sorry are you um miss are you the owner of the property

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No, I'm renting a property.

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My landlord gave me permission.

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Okay.

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Either way, we'll have to continue it.

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Yes.

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MI2021-000889-5921-Hoverford Avenue is continued.

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Thank you.

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Thank you.

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Any other requests for continuances or withdrawals on the 930 list?

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Please raise your hand.

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Here we have Sloan Foulkes. Mr. Foulkes, you can unmute yourself and speak.

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Mr. Foulkes, please identify yourself and I'll swear you in.

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Yvette, you have to unmute him. He hasn't been allowed to speak yet.

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good morning chairman de chico uh members of the zba board my name is sloan folks uh representing

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the office of councilwoman ria canyona sanchez room 508 city hall where from to tell the truth

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the whole truth, nothing but the truth. I do, sir. Thank you. I am, regarding meeting number

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MI2020-0024951652 North 2nd Street, I have neither record of a community meeting

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nor has the property owner reached out to our office. I'm just wondering if there's someone

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here representing them today. Okay, I'll ask, is there anyone here representing 1652 North

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2nd Street? If so, please raise your hand. All other hands, stay down, please.

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1652 North 2nd Street. Here, I have two other hands that are up.

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okay mr mr barrel yuxel

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you can unmute yourself on your side and speak now

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yes good morning sir good morning sir how you done this morning

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please spell your full name yeah v-a-r-o-l first name

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Y-U-K-S-E-L

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You swear if I'm to tell the truth

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the whole truth, nothing but the truth?

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Yes.

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Sir, have you met with the RCO?

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Yeah, we have.

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I'm his son.

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If it's okay, can I...

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Please identify yourself.

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Please identify yourself.

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Spell your full name.

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Sadha Yuxel, S-E-R-H-A-T

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Y-U-K-S-E-L

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Y-U-K-S-E-L.

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You swear if I'm to tell the truth

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You swear for him to tell the truth, the whole truth, nothing but the truth?

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the whole truth, nothing but the truth?

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Yes, I do.

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Our notations indicate that there's no RCO letter in our packet.

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Could you shed some light on that?

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I'm not sure which one the RCO letter would be, but we did have a meeting with the RCO.

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Mr. Fulks, could you set some light? You have not received any indication of a letter from South Kensington?

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No, sir. The last two discussions that I've had, South Kensington Community Partnership didn't have a meeting with them.

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They are the coordinating RCO, and they had reached out to the property owner.

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That's the reason why I'm circling back around to the request.

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We're going to need to continue this case. MI 2020-002-495-1652 North 2nd Street is continued.

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Anyone else requesting a continuance or withdrawal?

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Chair, we have a Rita Morgan. Ms. Morgan, you can unmute yourself and speak now.

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ma'am please identify yourself for the record spell your full name and i'll swear can you hear

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me please identify yourself spell your full name and i'll swear you in can you hear me yes hello my

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name is rita morgan ma'am please spell your full name and i'll swear you in r-i-t-t-a

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M-O-R-G-A-N

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You swear if I'm to tell the truth

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the whole truth, nothing but the truth?

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Yes. And what case are you talking

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about? Pardon me?

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What case are you calling about?

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Property

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5643

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Musgrave Street

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Philadelphia

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13, Frank

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Mr. Chair

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Exhibits, yes, what is your

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request. For zoning. I know what what do you you raised your hand? Are you asking for a continuance?

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No, I'm not familiar with zooming. So maybe I did something. We did not. We did no worries. We did

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not receive the exhibits five days in advance. Therefore, this case will be continued. Excuse me,

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Chair, if we could, the attorney in this is Darlene Threat, if you could call her.

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Oh, I missed that.

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I'm sorry.

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Is Ms. Threat available?

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Good morning, Commissioner Darlene Threat on behalf of the applicant.

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Please spell your full name and I'll swear you in.

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Darlene, D-A-R-L-E-N-E, Threat, T as in Thomas, H-R-E-A-T-T as in Thomas.

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You swear for him to tell the truth, the whole truth, nothing but the truth.

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I do, Commissioner.

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Please proceed.

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Commissioner, we did not submit the exhibits five days in advance.

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I had a problem with my account with the Department of Records.

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I was unable to download the deed, and my client had to make a payment agreement with the Department of Revenue.

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We have uploaded all the documents, and we are ready to go.

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I apologize for any convenience, but I respectfully request that we be allowed to proceed today.

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Okay, so noted.

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We'll get to you.

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Thank you.

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Anyone else requesting a continuance or withdrawal?

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Chair, we have Andrew Goodman.

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Mr. Goodman, you can unmute yourself and speak.

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Good morning, Mr. Goodman.

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You know the drill.

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Please identify yourself and I'll swear you in.

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Andrew Goodman, G-O-O-D-M-A-N, here representing the Office of Third District Council Member

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Jamie Gaudier, room 586, City Hall.

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You're swearing for him to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Thank you, sir. Please proceed.

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Thank you, Mr. Chair.

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We received a request from the applicant of MI 2021-0007185732, Catherine Street.

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The applicant was requesting a continuance.

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Noted, and there were no exhibits, so we were going to continue.

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All right.

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Calendar number MI 2021.

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that 0007185732 catherine street is continued thank you any other requests for continuances

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or withdrawals on the 9 30 list please raise your hand all others remain with your hand down

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i see no hands at this time chair okay i think we can begin with it's number number three calendar

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Calendar number MI 2021-000667-1426-44 North 6th Street.

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your number MI2021-0000.

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The attorney is Jared Klein.

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Mr. Klein, are you somewhere out there in the virtual world?

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1426 panelists thank you good morning mr chair members of the board sorry took me a moment

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good morning mr klein name and address for the record and spell your last name before you get

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sworn in absolutely uh jared klein from blank rome it's j-a-r-e-d last name's k-l-e-i-n 130 north

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18th Street. Do you swear I affirm to tell the whole truth and nothing but the truth? Yes, I do.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy? I can waive the

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reading. I can't stip to the accuracy, but it's an easy fix that I will explain as we get into

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the presentation. Okay, great. Have you emailed the exhibit packet with proof of ownership tax

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compliance, refusal or referral, photos and or plans of the property five days in advance

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of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, to all of the above.

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Thank you. You may proceed.

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Thank you. I'm going to share my screen, and I'm going to assume everybody can see it,

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unless you tell me that you can't. So this is 1426 to 44 North 6th Street. This is an

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affordable housing development on behalf of ASE, and the application is seeking to demolish the

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existing structures on the lot and to replace them with 55 affordable residential units.

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The refusal which you got on the screen in front of you is correct in terms of the refusals that

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it lists. So we are seeking a variance for the front setback. We are seeking a variance for

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height. The small correction we wanted to make is with respect to the description.

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as the description describes as 55 age restricted dwelling units. The more specific description is

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that there are 24 regular residential units and 31 senior age restricted units. And we have a

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revised plan that we submitted that I'll reference as we proceed of one page that changes the bicycle

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COUNT TO ENSURE THAT THERE IS NO REFUSAL THAT WOULD BE GENERATED BY THAT STYLE OF HOUSING

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CLARIFICATION. BEFORE I GET INTO THE PRESENTATION, I'LL JUST NOTE WE DID MEET WITH ATM

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AND THEY TOOK A POSITION OF NO OPINION. IT WAS A VERY SPARSELY ATTENDED MEETING,

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BUT THOSE WHO ATTENDED DID NOT HAVE ANY COMMENTS. WE ALSO DID PRESENT THIS PROJECT TO THE CIVIC

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design review committee on June 1st. We have not received a letter, but the CDR committee

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did vote to conclude the CDR process after the one meeting. I imagine the planning commission

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