civus
Hearing video

ZBA Hearing - June 9, 2021

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

Thank you. Anything else, Ms. Jones? One minute, Sean. Okay, all right, Mr. Whelan.

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Chair, if I may, I believe what Ms. Jones is referring to, and I'll keep it very brief about this, is zoning permit ZP2020-002668 was issued for this property in January of this year.

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was issued for this property in January of this year. The very first line of that states for the

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complete demolition of all structures on the lot. The next lines refer to the actual

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approvals that are subject to the appeal today. There is a second demolition permit only

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uh from march of this year from 2021 002026 uh if anything that's issued in error because there

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was already a pending permit for uh demolition so there should have just been a building permit

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issued on that uh frankly i i think that you know it's an attempt by miss jones to make a

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you know a technicality or a mountain out of a molehill you know at worst this ties back and

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relates to the originally issued zoning permit again which already said for the complete

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demolition of all structures that was already there there was no abandonment of the permit

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there was no indication from L&I to my client or my client to L&I or anyone else in the city that

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it was abandoning the duly issued permit and as such that permit is valid and continues and

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obviously the building was demolished and it would have been demolished pursuant to the original

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approvals that Mr. Reuter has already testified to and that Ms. Ginhart would testify to if the

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board has any questions. Thank you. Excuse me chair if we could also get Mr. Reuter's position

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on the argument that the subsequent permit

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avoided the earlier.

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Yes, thank you.

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Yeah, thank you.

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We agree again that Mr. Whelan in this case,

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in this instance,

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because the second demolition permit

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doesn't void the first.

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What happens is that under the building code

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and the administrative code in Title IV,

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uh this these are all things that came out of the um collapse at 22nd and market the city revamped

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its entire demolition permit uh process and so what happens is that um in order to get the permits

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the contractors go out and they get uh they have to get a site safety plan they have to show that

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they're OSHA certified they have to get all these things and they also have to get the zoning permit

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And many times contractors are made responsible for getting the permits and all. And it's actually pretty common that you have a situation like this where there's already a zoning permit that authorizes construction, but the contractor just goes and applies for it just to make sure that there's something in that person's name, in the contractor's name.

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And then they go and then they just walk that over.

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Well, you don't walk anything over now, but any clits.

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But then they would get the demo permit itself, which is technically a building permit, even though you're knocking something down.

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So we don't believe that this invalidates the earlier permit.

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Zoning permits are good for three years.

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Zoning permits for new construction are good for three years at least.

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so uh they can be they can be occasionally extended uh by the board if it wants

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thank you any of any unfinished business uh miss jones

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uh that believe that's it thank you mr whalen uh no that's it thank you very much for your time

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Thank you. Any questions from the board? No sir. No. I'm going to suggest that MI 2021-000994

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1201 West Gerrard Avenue that the record be closed. The board will be discussing

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this case at next week's executive session.

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thank you thank you uh thank you that concludes my business may be excused yes you may leonard

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thank you thank you calendar number mi 2021-001225 1523 swain street rachel pritzker is the attorney

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Ms. Pritzker is coming back in as a panelist thank you good afternoon good afternoon name

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and address um please and spell your last name sure rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r

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1635 market street suite 1600 philadelphia pa 19103 do you swear for him to tell the whole

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truth and nothing but the truth yes do you agree to wait the reading of the refusal and stipulate

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do you agree to wait the reading of the refusal and stipulate to its accuracy yes have you emailed

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to its accuracy yes have you

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the exhibit packet with proof of ownership tax compliance refusal referral photos under plans

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of the property five days in advance of this hearing and have you met with the rco and do

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you have a letter yes okay you may proceed okay thank you sure

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chairman members of the board this is 1523 swain street um just going to go through the

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refusal quickly this was an application for the partial demolition and erection of an addition

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including a deck accessed by a rear second floor and a roof deck above third story accessed from

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a pilot house and closing access doors only to an existing attached structure size and location as

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for plans for use as three multifamily dwelling units. The refusal that our application generated

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was under section 146023A11. Essentially, we need an extra amount of square footage to be able to

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have the third unit. The code requires a lot area of 1080 in order to have three units.

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We have a lot area of 976. So we're looking for a de minimis variance to be able to add that

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additional third unit. As the board can see from our application, the property is already zoned

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RM1. We're in tax, we're tax compliant. We have the deed. Properties RM1, it's situated next to

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many other properties that are duplexes and triplexes. And so we were looking to just be

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able to obtain an additional unit so that we can have one unit per floor in this existing structure.

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Again, the code requires 1080. We're at 976. So just the slight de minimis variance insofar as

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law area would be concerned to get that extra unit. We met with the coordinating RCO which was the

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United Francis bill I believe and they submitted a letter of support as the board can see on the

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screen 15 in support for an opposition so they took a position of support for application

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We have that letter included and have my client Donovan West here as well who went around

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and got signatures from the near neighbors as the board was provided for in their packet.

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I don't want to belabor this any longer and would like to see if Donovan West is on to

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adopt my testimony.

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Again, our hardship is that we just need a very small amount of square footage to get

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that to that 1080.

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So that's what we're here in front of the board for.

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You see a Donovan West on the call.

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If he could raise his hand.

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Okay, we have him.

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Mr. West has been unmuted.

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Mr. West, please identify yourself on the record and I'll swear you in, spell your full name.

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Good afternoon. My name is Donovan West. D as in David, O, N as in Nancy, A as in Apple, V as in Victor, A as in Apple, N as in Nancy, Donovan, S as in Sam, West, like East.

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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.

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Mr. Pritzker, please proceed.

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Donovan, have you heard my testimony today in front of the board, and do you adopt it as your own?

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Is it true and accurate, to the best of your knowledge?

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I've heard your testimony, and it is 100% accurate.

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You adopted it.

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And I adopted it.

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Thank you.

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Questions from the board?

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No.

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Anyone else would like to testify in this case?

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Please raise your hand.

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Only on this case.

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Raise your hand, please.

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I see no heads at this time, Chair.

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Thank you. Planning Commission.

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Good afternoon. David Fecto, City Planning Commission.

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Mr. Chairman, members of the Board,

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Comprehensive Plan recommends this property for residential multifamily use.

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The applicant is allowed two units by right.

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A third unit is not necessary to ensure viable economic use of the property.

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We recommend that the Board deny the requested variance.

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mi 2021-001-225-1523 swain swan street my vote is yes my vote is yes my vote is yes

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carol we're going to skip the case number eight mr wheelin has another engagement and he's asking

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the courtesy to move yes number 11 calendar number mi 2021

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Thanks, I just got my green light from my house.

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Woo-hoo!

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Pardon me?

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there's a donovan west would you please mute yourself thank you okay okay calendar number mi

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Mrs. Donovan West, would you please mute yourself?

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Thank you.

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Okay.

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Okay.

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2021 dash 001223 623 shawman avenue the attorney is sean whalen sean you're still under oath

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mr whalen is coming back in as a panelist thank you mr whalen put your name and address on the

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record please inspire your last name certainly sean s-e-a-n last name whalen w-h-a-l-e-n uh just

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so that the board knows i did uh i told everyone uh the two adjacent neighbors that i would give

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them 15 minute notice and i just sent out the text to them saying that they would come everything

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is agreed to here uh this is a project at 623 shawmont avenue uh it is i represent the owner

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it is a large uh can you agree to waive the reading of the refusal and stipulate to its

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accuracy first yes i do thank you okay and you gotta keep me in line i'm i'm moving here um

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Have you emailed the exhibit packet with proof of ownership, tax compliance, refusal, referral, photo center plans to the property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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Yes, yes, and yes.

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Okay, you may proceed.

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Okay, and I will share my screen, of course, try to keep this short for you.

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I am happy to say that I finally have a nice easy one in front of the board.

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Here is the letter.

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You can't be any happier than us.

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Here is the letter of no opposition from the RCO.

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Very quickly, this is Shaman Avenue.

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We own this property right here.

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It is zoned for attached single family.

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And we have refusals because this property line right here actually angles in slightly.

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So we get hit with a number of refusals.

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A Ms. Barbara Hack owns the property at 621, and a Ms. Susan Wright owns the property at 627.

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I don't know if the administrator, if either of them have jumped on yet, but both of them are in support of the project.

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And what we are doing, you can see it here, we have two twins on one side of us, two twins on the other side of us.

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We are demolishing this sort of underutilized vacant house that's been there for a while.

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And we are going to put a set of twins right in there.

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We are actually, I will just jump to it, going to, well, here's the zoning.

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You can see how this angles over, causing the hardship that we have.

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We're putting in two kind of short houses to recognize the impact to the neighbors.

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That way, we're only going up to about half of the neighbors.

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and we are setting by agreement you have um proviso plan one page that we are set offsetting

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from the existing uh boundary line by one foot which was the agreement with uh miss right who

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owns this property um so with that i would just show uh this in essence is what we are proposing

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So, again, I only have Angelina Djokovic is the project architect, and I would just call her to adopt my testimony.

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Good afternoon, ma'am. Please spell your full name, and I'll swear you in.

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Ms. Djokovic, could you raise your hand, please?

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Ms. Djokovic, you've been unmuted. You can unmute yourself on your side and speak.

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Please spell your full name. Angelina Djokovic, BBC Studios.

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Please spell your full name. A-N-G-E-L-I-N-A-J-O-C-K-O-V-I-C-H.

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

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I swear. Please proceed.

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Yes, Ms. Djokovic, you are familiar with the project, yes?

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Yes.

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You're actually the architect for the project, correct?

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Yes, designer architect for the project.

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And did you hear all of the testimony that I presented?

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Yes.

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And do you believe it to be true and correct to the best of your knowledge?

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Yes.

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And would you adopt it as your own?

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Yes.

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Okay, thank you very much.

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Questions from the board?

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No. Chairman, I would just let you know that Ms. Hack, the owner of 621 Chamont, is gone.

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No.

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Chairman, I would just let you know that-

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She, again, is in favor, but she says if she needs to speak, she can.

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Have her raise her hand, please.

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All right.

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Ms. Hack, you can unmute yourself and speak.

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Good afternoon, Ms. Hack. Please identify yourself with the records by your full name.

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Good afternoon.

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My name is Barbara Hack, B-A-R-B-A-R-A, Hack, H-A-C-K.

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Worker for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you.

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Please proceed.

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I just want to let you folks know that I am not opposed to this bill, so I'm good with everything.

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Thank you for your time.

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okay anyone else who wishes to testify in this case please raise your hand

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only those who wish to testify in this case there we have a michael phillips

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mr phillips you can unmute yourself and speak

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my guess is that's a mistake that he might be next yeah i think he is right he's an attorney

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susan wright would be the only other person who would be appearing she owns the uh stipulate that

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she would be adopting your testimony. Any planning commission? Good afternoon, David Fecto, City

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Planning Commission, Mr. Chairman, members of the board. Comprehensive plan recommends no change

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from the existing single-family zoning of this property. There is an existing home on the

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property. This is a 6,775 square foot lot. The size of the lot does not prevent the applicant

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from complying with the dimensional requirements of the code. We recommend that the board deny the

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request experiences. MI 2021-001223, 623 Charmont Avenue. My vote is yes. My vote is yes. My vote

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is yes. My vote is yes. All right, we'll go back to the regular list, Carol. Number. That's number

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three calendar number mi 2020-001115 2504 east york street the attorney is michael phillips

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mr phillips is coming back in as a panelist thank you

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