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Hearing video

ZBA Hearing - December 15, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Dec 15, 20214h 39m

Did you hear my testimony today regarding this property?

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Yes, I did.

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Is there anything you'd like to add, any clarification you'd like to make?

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um just you know we've met with the rco before uh that last meeting was pretty much just a group

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of complaints i did not get a chance to talk the property over or the project um before i could

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even speak they adjourned the meeting um we had a meeting before that that because they didn't

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have enough people that i guess they deemed uh proper residents uh they ended that meeting um

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Yeah, but pretty much that's about it. We've reached out multiple times, still have not heard anything. We personally, we believe that this would be a benefit for the community.

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I know there's a big backlog of low-income housing that's needed, especially around there.

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And, yeah, we'd like to provide that for them.

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This is all independently funded and owned down to the trash pickup.

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This will be on us, not on the community.

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We're also providing cameras all around the building, extra security, extra lighting.

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We'll make sure the whole area is clean at all times.

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We'll make sure the whole area is clean at all times.

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Yeah.

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Yeah, that's it.

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Okay, just to circle back to what you said about the RCO.

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So you met with them twice.

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Is that correct?

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Correct.

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And at either of those meetings, did they hold a vote regarding the project?

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The second meeting.

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Okay.

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What they sent us wasn't a vote, though, as I understand it.

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What was the outcome of that meeting?

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Everyone just informed me that they're voting no, and the meeting was adjourned.

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Okay.

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And then their letter that they followed up with said that they wanted more clarity, I believe is how they worked.

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Correct.

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If I was able to speak at that meeting before the meeting was adjourned, they would have had more clarity.

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But yes.

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Okay.

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All right.

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I have nothing further.

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Mr. Counsel, quick question.

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So 12 units, eight are senior citizens, right? And the other four?

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Tyler, did you want to speak to what your plans are for the bi-level units?

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Sure. So the other four, since they're bi-level, lower level, we did not want to place senior citizens there, you know, just to play safe and make sure there's no issues with egress in case of emergencies.

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We do intend for those bi-level units to also be for low income.

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That's also one of the reasons why we're working with Councilman Salfus and Reverend McFadden to help us with providing units to people already from the neighborhood that are in need.

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Thank you. Questions from the board?

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No, Mr. Chairman.

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No, sir.

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No.

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Questions from the virtual audience?

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i see no hands at this time chair planning commission this is uh ron bednar that's r-o-n

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last name bednar b-e-d-n-a-r and with the city planning commission right do you swear a firm to

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tell the truth the whole truth and nothing but the truth i do thank you this property is indicated

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for residential on the city plan given our review of the code criteria we recommend that the quest

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or variance be granted, but do want to state that the affordable units are not under the

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mixed-use bonus program, and there is no guarantee that they will be put on.

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Okay.

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MI 2021-000551-1618 North 54th Street, I vote yes.

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Carl Tsunari, my vote is yes.

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James Snell yes Thomas Holloman my vote is yes thank you board thank you very much

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MI 2021-003-110-1705-13 North 7th Street RCO letter in support from APM

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Councilman Clark letter in opposition to the project

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Okay, counsel is Sean Ward.

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Mr. Ward is coming back in as a panelist now, Chair.

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Okay, thank you.

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Mr. Ward, state your name and spell it for the court reporter.

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Hello?

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Yvette, is Sean there?

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I'm moving him to panelists, Simon.

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Yeah, I don't see him.

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Mr. Ward?

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um chair if you don't mind moving forward oh here we go there he is

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mr ward state your name and spell for the court reporter

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mr ward can you hear us

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okay well let let's move on we'll we'll get that we'll stop

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i'm here i'm here i'm here okay sorry mr chairman i've been having computer issues

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all day long and believe it or not i was i had to i had to leave my house and come back down

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to the office to log in on a desktop and it took me at least a half an hour

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Are you going to be able to make this presentation?

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are you going to be able to make this presentation I believe so I think I have

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I believe so.

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I think I have, I just need to open one more file, which is the RCO letter, which you have.

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Mr. Ward, this is Tanya.

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Although we would love to see you, if you can turn your camera off.

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I just want to share on my screen.

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I just want to make sure.

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So if you turn your video off, you should have no problems going forward.

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Okay, that's what I will do.

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tanya thank you so so state your name is bell for the court reporter thank you mr chairman uh good

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good afternoon good evening uh sean ward on behalf of the applicant finish development and the

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property owner uh in the virtual audience is my client representative mayor badush m-e-i-r-b-a-d-u-x-h

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

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Yes, I do.

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Okay. Proceed.

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Oh, Carol, our vice chair has a few questions.

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Hi, Mr. Ward. Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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Yes, I do, Carol. Thank you.

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I'm assuming you've submitted everything that's required in the exhibit packet?

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Yes, I did.

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and there is a letter in opposition from council president clark so you may proceed

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i was not aware of that but we do have a letter of support from

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apm rco uh in support of the application uh yeah i do see that here now

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okay

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this is unbelievable

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all right let me get back to my exhibit packet

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uh mr chairman not to waste the board's time if if you could take the next case

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uh while i get these exhibits open uh thank you thank you i don't want to waste the board's time

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Thank you very much. MI-2021-003-106-2730 Latona Street, RCO Tasker Neighbors, Letter of Support, Henry Clinton.

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Mr. Clinton is coming back in now as a panelist.

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good evening mr chairman members of the board henry for the applicant

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right mr clinton you've been sworn before uh our vice chair has a few questions for you

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thank you i do you agree to wave the reading of the refusal and stipulate to its accuracy

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i do assuming you've emailed everything that the that is required in the exhibit packet

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i have and you have a letter of support from tasker morris neighborhood association i do

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you may proceed thank you

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is that visible

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or make it bigger yeah yeah is that better it's great all right thank you uh good evening mr

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Chair and members of the Board, Henry Clinton for the applicant who is on the call with me,

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Adan Shlomo, as well as the architect, Michael Cole. This matter involves three properties,

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27, 28, 30, and 32. The refusals are basically the same for all three. All three properties are

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located in an RM1 zoning district, and the request is for a duplex on each of the lots.

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This is the table of contents, exhibits AA through A10, which I ask to be admitted into evidence at the close of this proceeding.

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Appearance statement, a refusal.

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So all the refusals for all three properties concern dimensional issues.

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The reason being, these lots are very much undersized.

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They're only 14 wide, and they're 46 feet, 6 inches deep.

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A very narrow and not very deep lot.

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But despite that, they're still zoned RM1, which as the board knows is residential multifamily.

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So it becomes exceedingly tough to build a buy right RM1 duplex on these properties.

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to build a by right RM1 duplex on these properties, because if you have a lot that's 46 feet,

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six inches deep, and you abide by the dimensional requirements for open space and rear yard

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and rear yard depth, you have a yard of 10 feet, and your house would be 36 feet deep.

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And then when you compile that or with the width of the house at 14 feet, by the time you put two

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by six walls on either side you lose a foot the stairways have to be 36 inches to four 40 inches

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you lose another four feet so the width in some parts of the house is is under 11 feet which means

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you have to to make the house viable you really have to go back further and when you go back

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further that results in all these dimensional variances we don't have any other variances with

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regard to height or any other issue, simply the dimensional variances because the uses are proper.

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So this is the refusal for 2728. Refusal, again, all-dimensional with regard to 2730.

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And refusals, again, with regard to 2732 Latona, all-dimensional aspects. We do have a letter of

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support from Tasker Morris. You can see it was 80% in favor of the proposal, which is two family

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dwelling in each property. This is an aerial perspective for the board. This home is demolished

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or will be demolished. And these are the three lots that we're talking about. And you can see

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adjacent, there is a two-story house with a three-story or third-story addition setback.

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again another perspective our plans are in keeping with the ones of the community

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they like to see a lot of brick on the front of the house so the three-story structures

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with protruding bays at the second and third floor the

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the depth of the house will be about 41 inches 41 feet six inches and leaves us with a yard a

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little bit over five feet. As I said, if we conform to the RM1 requirements, the rear yard

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would have to be double the size of what it is here, and the house would have to be cut by at

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least five feet, which would really result in an untenable or not viable property. The proposal is

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for two bedrooms on the first floor and second floor, excuse me, in the basement of first floor,

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and then on the second floor and third floor, two bedrooms with a rooftop deck.

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So that the occupant of the first floor unit would have open space in the rear yard

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and then the occupant on the second and third floor would have open space at the rooftop deck.

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We have a tax certification for all three properties and I wanted to show the board

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the zoning map, just to give you a perspective that the entire block is zoned RM1. These are

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my applications for appeal. Here's the zoning map I wanted to show you. So the three properties are

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located dead center in this RM1 zoning district, and all the lots are just undersized. So again,

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the only way you can conform to the zoning use is to infringe on the dimensional aspects of the

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property. So I'd like to argue that we have a unique circumstance here where the lots are

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undersized. We're in an RM1 zone and it requires us to intrude upon the dimensional requirements

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of the code. We're not really altering the essential character of the neighborhood.

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We're actually in harmony with the code. We're in harmony with the wishes of the neighborhood group

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as evidenced by the overwhelming support of the Task for Mars Coalition. So I will entertain any

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questions that the board has, and I also will ask my client to adopt my testimony,

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but that's the presentation directly.

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Your client, please. Mr. Shlomo, can he be unmuted, please?

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Mr. Shlomo, can you please raise your hand?

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you know he might have called in and maybe he's not uh mr clinton well your officer of the court

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will take your testimony um questions from the board yes mr chairman uh counselor

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where percentage of the building this is new construction so what percentage is out of the

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ground what percentage is out of the ground

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yes right here here's the elevations

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i would say this is you know one two three it's probably four to five feet out of the ground

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You know, one, two, three, it's probably four to five feet out of the ground.

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And I'm just estimating because I don't see a dimension, Mr. Holloman, on this view.

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But if you have one, two, three steps, the risers are typically, as you know, 10 to 11 inches.

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So I would say you're probably, this is the window.

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Again, I'm just going to ballpark it 36 inches, maybe.

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that's three feet in and five feet in the ground three feet out of the ground and five feet in the

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ground again just guessing sir yes correct

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i think he said he's guessing yeah i was sorry mr homer yes i said i think i agree with you

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but i'm taking a stab at it okay thank you other questions from the board no

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questions from the virtual audience no from me but there are no hands at this time chair

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um planning commission this is ron vet in our city planning these properties uh

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27-28, 27-30, and 27-32 are indicated for multifamily residential on the city plan.

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Given the review of the code criteria and the physical circumstances of each property,

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we recommend that the question variance for all three be granted.

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MI 2021-003106, 2730 Latona. MI 2021-003105, 2730 Latona, 732. MI 2021-003107, 2728 Latona. I vote yes on all three.

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Carol Tenere, my vote is yes on all three.

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James Stout, yes to all three.

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Thomas Holliman, yes to all three.

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Thank you, Mr. Chair.

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Thank you, Mr. Clinton.

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Have a great night.

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Okay.

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Can we go back to number three?

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Mr. Ward?

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I believe I am ready to go.

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Okay, you already sworn.

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So you can start.

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Okay.

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Okay, I will now share my screen.

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