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Hearing video

ZBA Hearing - June 9, 2021

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

on but those are i would assert that he would adopt my testimony as his own today for purposes

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He would have got my testimony as his own today for purposes of this zoning hearing.

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of this zoning hearing as an officer

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As an officer, the court will stipulate your client would have adopted your testimony.

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Having said that, any questions from the board?

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No.

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No.

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Anyone else would like to testify in this case?

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If so, please raise your hand.

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There are no hands at this time, Chair.

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Thank you.

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Planning Commission.

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uh ron bednar city planning first name ron r-o-n last name bednar b-e-d-n-a-r

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thank you ron do you swear affirm to tell the truth the whole truth nothing about the truth

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i do please proceed this property is indicated for single family residential use on the city plan

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we believe the applicant is not demonstrating necessary hardship regarding requirements of

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the code the application is inappropriate overuse not consistent with our adopted district plan

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we are commending a request for banished opportunity and members of the board just in

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response loading page um seven of my zoning packet which i'm zooming in which for purposes of the

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record is the area zoning map what i'm indicating here in the cursor those are those eight units

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were approved by this zoning board and you can see that each of those units is uh substantially

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smaller than the lot upon which my client proposes to build um there's precedent for this

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in the area there's substantial multi-family in the area as well and it's a large lot that's

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about 1700 square feet thank you mi 2020-002668 1331 north 17th street my vote is yes my vote is

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yes my vote is yes my vote is yes thank you members of the board have a good evening

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you too. Likewise, thank you. Excuse me, if you could, the case that is on the add-on list has

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been withdrawn, if you could announce it. Okay, I'll announce that right now. MI 2020-001-567-5108

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Haverford Avenue is withdrawn. Thank you. Calendar number MI 2021-000725-1435 West

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venango street the attorney is sharon harvey esq there's a letter of opposition from the 13th

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ward rco this harvey's coming back in as a panelist now thank you

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good afternoon

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good afternoon can you put your name and address on the record and spell your last name please

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yes sharon harvey h-a-r-v-e-y attorney with harper and paul at 140 west maplewood avenue

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philadelphia 1-9-1-4-4 i represent you not go ahead i represent the non-profit uh zion

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1435 venango llc okay do you swear or affirm to tell the whole truth and nothing but the truth

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yes i do you also agree to waive the reading of the refusal and stipulate to its accuracy

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i agree to waive the reading of the refusal uh there's some discrepancy with the uh stipulating

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for the uh entire okay and you can explain that to us have you emailed the exhibit packet with

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proof of ownership tax compliance refusal or referral photos under plans of this property

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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 the rco poses uh the request okay well you may proceed yeah and may i share my screen okay

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there it is okay so good evening mr chair and members of the board again my name is sharon

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harvey and i represent the applicant uh zion non-profit 1435 llc finango llc the refusal

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states that we intend to demolish the entire structure when in fact the applicant uh intends

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to renovate the interior of this structure so the uh permit says it's a demolition but it's not

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the uh the entire structure we're just demolishing the interior uh for rehab rehabilitation of a

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three of three two bedroom apartments which is prohibited uh in this rsa5 district the applicant

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is requesting a use variance to rehab the property. The hardship caused by the physical

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condition to convert this property back to a single family dwelling or RSA 5 dwelling,

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or RSA 5 dwelling, the authorization of which we would need a variance is necessary to enable

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the authorization

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a viable economic use of the property. This is our table of exhibits. We have posted the

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The property, there's a copy of the deed, the history of the property, internal, external pictures, surrounding pictures, the floor plans, the building plans.

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We've discussed parking and security, aerial view, the community letter, the RCO letter is in a side of our packet, our response to their concerns and a petition for support.

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and the refusal and the tax certification is also posted.

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As you can see, we've posted the property on May 19th, 2021.

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We ended up having to repost the property on May 20th, 2021

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because it was removed overnight.

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A copy of the deed is included.

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i'm trying to okay there it goes fine i'm sorry my my pin was not uh working a copy of the d

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the variance um if the variance is granted uh the central character of the property would not change

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or the neighborhood would not change um because there has already been uh variances granted for

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two and three uh apartment buildings in this particular block the refusal uh well i'm sorry

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the property received a variance back in 1935 for a six family dwelling unit

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then they a little history then they they applied in 1930 in 1958 for eight families

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um and it's unclear as to whether or not the eight families were was branded but the property was

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used uh with for five families families and because of the deterioration currently of the

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property um we've had uh estimates of rehabbing the property in excess of 300 000 and my client

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is proposing to uh provide central air and heating in all three units the rear of the property

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is uh in a bad condition also and my client is proposing to extend the third floor as you can

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see um so that it meets the second floor uh so that each unit each of the three units if the

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variance is granted uh would be two bedroom apartments

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again this is another view of the rear

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i'm sorry there all right so you as you can see our our unit is this particular uh unit

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these properties are are all occupied this probably is occupied and this property is vacant

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And then from here to the corner towards 15th Street is also occupied.

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This is just a close close up of what I just said across the street, directly across the street.

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This is a club which is utilized.

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And then these two properties are occupied. And these two properties are, in fact, again, vacant.

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And if you the view from our property to the corner, you can see our property at 1435 to the corner.

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All these properties are vacant and they are multiple use, multiple family dwellings.

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this is zion baptist church which uh this non-profit is affiliated with the church

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um and then this angle is from our property to the corner and these except for this property

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which is 1439 and our property are all developed and occupied

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it's a it's unsafe to go into the property currently and that's why initially in 2017

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And that's why initially in 2017, there was a demolition permit granted for the property in order to to clear out the interior of the property.

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And I would like to ask that the architect, Mr. Johnson, be admitted so he can discuss the the floor plans in the building plan.

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If that's possible.

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Is Mr. Johnson there?

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Mr. Johnson, you can unmute yourself and speak.

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Good evening, Mr. Johnson.

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Please identify yourself with the record, spell your first and last name, and I'll

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where you want. Mr. Johnson are you available to speak? It sounds like it's technical problems

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chair. Yes. Ms. Harvey. I will continue and I'll do the best I can knowing that I'm not an architect.

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So the diagram shows that our property is the property there with the yellow dot along the north side of Venango Street.

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And we are proposing that this is the existing view.

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The church is here and the eight or nine houses are here.

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The elevation

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Can you hear me?

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Mr. Johnson?

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Yes, I'm here. Can you hear me?

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Okay, yes, I can hear you now.

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Please identify yourself.

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Spell your full name.

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Kenneth Johnson, K-E-N-N-E-T-H

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Johnson, J-O-H-N-S-O-N

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Architect

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3401 Great Ferry Avenue

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Philadelphia, PA

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

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Yes, I do.

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Ms. Harvey?

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Yes, Mr. Johnson, can you tell the board about number four, the elevation, and number five, the elevation of the proposed changes to the property?

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Okay.

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Number four, we're going to keep the existing facade.

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We're going to refurbish the existing bay, keep the masonry wall.

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We're going to keep the porch.

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Pretty much the first facade will blend in with the rest of the block.

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so uh so we're keeping the front facade and refurbishing it the side number five we're going

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to um the exposed sides that are exposed we're going to pick um vinyl siding on and as you can

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see we square up the back of the of the building um the existing building it steps back down uh

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to two stories when it gets to the rear but we're going to expand it and go straight up from the

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back and we're going to keep within the standards of the zoning code to do that and in the back as

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you can see on rear elevation number six we're just going to go straight up and windows and doors

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access to the rear yard and there's a window in the basement but there's no living spaces in the

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basement. Will the upper floors have access to the rear yard? No. Were they proposed to store trash

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Each unit will have many trash compactors and extra cabinetry to store trash in the unit.

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Ms. Harvey, you want to continue?

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Yes, thank you. Would you tell us about the floor plan for each apartment?

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can you get it all in one screen because I'm it's half just have to

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all right yes that's all right so the first floor number two you walk in there's a entry hall

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common entry hall you go to your to your left and you come into the first unit and the first

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unit has a bedroom in the front uh if you come down a little bit the screen can come down a

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little bit so you can see the back of the house okay okay dang yes so and if you there's a bedroom

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in the back there's a kitchen in on the side and there's a access to the yard and then there's

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stairs to the basement and if you go down to the basement it's just utility and rec area

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and I got a powder room in the closet and if you go back to the first floor you

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come in you go upstairs in the common hallway on the second floor you come into

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In the common hallway, on the second floor, you come into the door, you got your bathroom, a powder room, you got your utility room, a kitchen, a bedroom on both sides from in the front and the back.

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the door

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And each bedroom will have their own bathroom.

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And you continue upstairs to the third floor.

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Again, you have your bedroom in the front and the back, and each one has their own private bathroom.

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you have a powder room a kitchen utility room and laundry and there's no roof deck

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okay thank you let me turn this back around before i all right

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do it again sorry i have to turn it and turn it again

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I see. Thank you. We discussed the parking. This is on-street parking. And the parking

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or the building is a minute from the Broad and Venango bus stop, which carries the C or 16 bus.

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And then about four or five minutes away, it's at Broad and Erie, which has the subway and other buses on that route.

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There's just another view of the property, which currently, you know, just needs to be rehabbed.

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The owners proposed to provide security lighting and camera so that you can see and be protected from for egress.

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The snow removal currently and the snow removal and grass cutting is currently handled by Zion Baptist Church.

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And they will continue to do that until the property is rehabbed and there will be a rental company that will be handling the rental and they will make sure that the property is continued to be cleared, either through the rental company or through the church.

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Ms. Harvey, will this property be owned and maintained by the congregation?

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So the property is owned by an affiliate organization of the congregation.

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So its board of directors are, in fact, members of Zion Church.

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so it's it is owned by a zion non-profit corporation which is the owner of um zion gardens

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at uh 10th and 11th on gerard avenue but the makeup of zion non-profit is in fact the members

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of the church there it's required that they're members of the church has the church taken has

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Has the church taken any position on this application?

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Yes.

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I have two witnesses, one of which is the president of the board of trustees for the church.

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And the other person is a deacon in the church.

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And their position is they are in favor of continuing to develop the property.

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We'll hear from them.

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Do you have a client that you would ask to accept your, adopt your testimony?

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Yes, Mr. Chair, I would call on Ronald Harper.

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Good evening, sir.

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Please identify yourself with a record, spell your first and last name, and I'll swear you in.

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Mr. Harper?

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Mr. Harper, you can unmute yourself

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and speak now.

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Good evening.

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Mr. Harper, please spell your full name.

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Hi, Ronald J. Harper.

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R-O-N-A-L-D-J

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middle name. Harper.

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H-A-R-P-E-R.

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You swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do swear.

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your affiliation with this property yes good evening i am the chairman of the board of

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trustees of zion baptist church which had formed a corporation zion non-profit corporation

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which owns the properties on gerard avenue which properties are affording the rehabilitation of

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this property but you know various uh legal reasons we put it under uh

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For various legal reasons, we put it under a separate corporation with the name of the church leading that particular name.

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So the church is very much involved, very much for some time wanting to help the development of this block, which needs serious attention and has needed serious attention for some time.

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But, yes, to answer your previous question, the church is very supportive and, in fact, is the sponsor through the various corporations of this effort.

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Thank you very much.

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Any questions from the board?

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No.

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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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i see no hands at this time chair you planning commission uh ron bednar city planning

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property is indicated for residential use on the city plan the application is consistent with our

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adopted district plan remapping proposal we recommend a quest for variance began thank you

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MI 2021-0007251435 West Van Angle Street my vote is yes.

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my vote is yes my vote is yes my vote is yes

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good luck thank you very much thank you good luck sure calendar number mi2021000659

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