civus
Hearing video

ZBA Hearing - January 12, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jan 12, 20226h 5m

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

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Yes, sir.

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Thank you. Proceed.

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I want to say good morning to everybody and thank you for allowing me to speak.

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I do ask for patience so that I can articulate my thoughts properly. I'm not as good as everybody

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else that's been speaking so far. I am a near neighbor. I live on the Randolph Street,

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right behind where the new addition would be. So my yard would be impacted by this new

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addition that would be going up. I noticed that, well, I would like to say that I do

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share and agree with statements made by Jessica Rodriguez and Brett Cohen. I was in attendance

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of the community meetings both in October and both two days ago. I will, you know, state that

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I will, you know, state that I am not in favor of this project, although, like, I do appreciate

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I am not in favor of this.

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the great efforts at which they, to preserve the property and its historical value, and

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I do appreciate a lot of the concessions that they did make. I did want to point out that

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one of the, one of the things that we had spoken about in the meeting was that the idea of having

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a mural put on the back wall so that the neighbors wouldn't have to look at a 66 foot black wall in

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their backyard. And we were told that the owner or Mr. Toner's client was not opposed to that and

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was wondering if they were still planning on offering that as, you know, as a way to not make

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it like being crushed under the black wall that when you go out to your backyard. I would like

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to say that yes the the parking is definitely uh an issue we are severely crippled um in this area

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with a lot of new additions that are coming up one that is not very far away i think i believe

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it's on marshall which is the next block over from uh 6th street that i if i'm not mistaken i may be

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wrong but i think it has like 88 units or something like that so um that was definitely an issue and

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one of the reasons why I'm opposed to this project. But that's all I really wanted to say.

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Thank you very much for calling in and your comments. Mr. Turner, do you want to respond?

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I would, Mr. Bergman. Thank you very much. In terms of the mural, we indicated on Monday that

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our clients are open to the mural. It's not a zoning contingency or condition, and we remain

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open to it. The only one of the reasons we don't want to commit today to any specific mural is

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it truly would only be visible by the Randolph Street neighbors. So we're talking about

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four or five lots that would be able to see this and if we were going to commit to any mural we

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would want input from all the neighbors as to the artist selected and the type of mural that would

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go up but we certainly remain open and we we told the neighbors that we'd be willing to work with

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them going forward if that is what the community truly wanted, was a mural for those backyard

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areas. And in terms of her other comment, and also the comment by Mr. Cohen about the new

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proposal and underground parking, so what they're referring to is what's known as the former movie

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theater lot that has been completely demolished is now proposed for redevelopment. Now they have

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the great benefit of completely demolishing the existing structures, and those structures are all

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gone and so when they add their underground parking they're able to do so easily because

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they were able to demolish all their structures again going back to the core component of this

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proposal the reason why it's garnered so much support is we're preserving historic structures

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and so we just we hope the neighborhood is understanding that to cut into the historic

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fabric is something that's going to not be supported by the philadelphia historic commission

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and the vast majority of community members who want to see this structure return to its grandeur.

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All right. Thank you, Mr. Toner. Any other comments from the virtual audience?

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Chair, we have a Carolina Ross. Ms. Ross, you can unmute yourself and speak now.

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Hi. Ms. Ross, could you state your name and spell it for the court reporter?

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yeah it's carolina k-a-r-o-l-i-n-a last name is ross r-o-s-s thank you do you swear or firm to

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tell the truth the whole truth and nothing but the truth i do proceed please um i'd like to second

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the opinions of miss rodriguez and mr cohen and i'm sorry i forgot the name but whoever just spoke

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she as well. I'm also a near neighbor. I reside on 6th Street between Girard and Poplar,

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and I'm completely opposed to this proposal because of the impact that these 40 units would

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have on residential parking. It's already extremely difficult to find parking. The school right across

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the street, the city school, limits parking. About 50% of parking, half the street, is closed between

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7 o'clock and 4 30 p.m. for all parking and then overflow goes to 7th Street which is already

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as the previous speaker said all taken up by the Marshall Street property

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and those 80 units. I know that there's a property on Poplar and 6th Street that faced a similar

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issue and they provided 29 spots of parking in their building for their 39 units. So something

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can definitely be done about it. Claiming that their residents can rely on public transportation

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doesn't guarantee that they won't all have cars with them and rely on 6th Street to park.

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There's no parking here.

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There's no parking here. If they're not providing parking, this is not a good idea.

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If they're not providing parking, this is not a good idea, in my opinion.

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Thank you very much for calling in.

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Is there any other comments?

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Chair, we have Charles Adams.

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Mr. Adams, you can unmute yourself or wait for the chair.

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Hi, this is Charles Adams.

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Can you do me a favor?

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Could you spell your name for the court reporter, please?

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Yes, C-H-A-R-L-E-S-A-D-A-M-S.

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

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Yes, I do.

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Proceed.

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I am the neighbor who is on, I own 1217 and 1219 North 6th Street.

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I am just on the north side of the project and clear a bloody wall with the project.

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And I moved on to 6th Street in 1986.

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And for 36 years, I've been really hoping someone would do something positive with this

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building.

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And that being said, I would like to speak on, yes, I would like to see this project

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take place.

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Thank you for taking the time to call on.

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Thank you, sir.

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Any other comments?

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Chair, we have no other hands at this time.

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Thank you.

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Planning Commission?

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No.

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Thank you, Chair Bergman, Ian Hegarty with the Philadelphia City Planning Commission.

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members of the board the comprehensive plan recommends cmx 2.5 zoning at this location on

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gerard avenue the proposed dwelling unit count is consistent with the recommended zoning district

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and the proposed height we feel is the minimum variance necessary to preserve the portions of

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the existing structure that are close to the street there is no refusal for parking as the

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zoning district does not require off-street parking city planning commission recommends

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the board grant the variances with two provisos as stated previously height not to exceed 60

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excuse me height not to exceed 66 feet and no more than 38 dwelling units thank you very much

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MI 2021 003351 527-37 West Rod Avenue. I vote yes with revised plans of two pages.

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Mr. Chairman, we had a... Wait a minute. We got to let everybody vote.

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Carol Tenere, my vote is yes with proviso. Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with both provisos.

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Thank you, Mr. Turner.

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Yes, Mr. Chairman, the proviso for and that was included within our packet includes both provisos that were requested.

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Then they're right, the two-pages revised plans.

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Thank you very much.

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Okay.

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All right, here we go.

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MI 2021, 003346, 611 North 20th Street, Spring Garden Civic Association, Letter of Support,

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Pro Se, Jamie Luntz and Philip Yarborough.

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

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I appreciate it. Thank you.

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good morning can you hear us yes could you do me a favor please could you uh state your name and

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spell it for our court reporter please sure my name is jamie lontz j-a-m-i-e-l-o-n-t-z

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my name is philip yarborough p-h-i-l-i-p-y-a-r-b-e-r-o-u-g-h all right do you both swear

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to affirm to tell the truth the whole truth and nothing about the truth yes yes our vice chair

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has a few questions for you hi good morning it appears that you've submitted all the required

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documents that are that we've requested and there is also a letter of support from the spring garden

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civic association so you may proceed thank you um good morning uh mr chairman and uh board members

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I'm speaking on behalf of Jamie, my partner.

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We appreciate the opportunity to present our case today, and we hope you'll bear with us as pro se applicants.

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When Jamie and I purchased our house back in fall of 2020, it was our vision to erect a second-story deck in the rear of our home.

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And the inspiration for that deck really came from our next door neighbors who had previously erected a deck that is substantially similar to the one that we wish to build.

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And so I'd like to pull up a picture of what they've done, and that will give you just a flavor for what we'd like to do as well.

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And so I'd like to pull up a picture of what they've done.

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So as you can see, our next door neighbor's deck is seven feet deep from their house, which allows for a three-foot setback.

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What we didn't know at the time when we obtained our architectural plans, which were approved by

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an engineer, was that in the interim between when our neighbors built their deck and when we submitted

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our plans, apparently the zoning had changed in terms of a rear setback from three feet to seven

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feet. So as it currently stands, to the extent we would build our deck under the current zoning

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zoning requirements, we'd only be able to build a three-foot deck, which we don't feel would be

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a usable or even a safe structure. So today we are requesting a variance from the seven-foot

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setback to a proposed three-foot, three-inch setback, which would be about three inches

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um farther from the our neighbors property than our um than our adjacent neighbors and we're also

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proposing a um another setback in terms of our adjacent neighbors i think for vertical supports

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distance from lot lines the minimum is 18 inches we're requesting nine inches um with respect to

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our adjacent neighbors we've received um letters of consent from both of them we showed them our

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plans and they're in support of our proposed project and even our rear neighbors um one of

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our rear neighbors on on his own accord submitted a letter of support for a project which we were

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very much appreciated um so as you can see um if you want to turn to the other one

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This is our backyard, the plan that shows the comparison of what ours would look like.

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So basically this is what our rear deck would look like.

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We've received a letter of support from our RCO and as you'll see in their letter, they've

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stated that um they view the deck as adding value to our home uh while at the same time not

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creating any potentially adverse effects for other nearby properties or property owners

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um um so you know that's really our case today and we're hoping that you know we can create this

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deck and that'll uh add value to our home and help us to love it even more than we already do

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okay questions from the board no mr chairman yes mr chair no questions from the virtual audience

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i see no hands at this time chair planning commission thank you chair bergman ian hegarty

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for the philadelphia city planning commission uh members of the board comprehensive plan recommends

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no change the existing zoning on this site. The proposed dimensional variances here are minimal

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and consistent with the adjoining property and other properties on this block. City Planning

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Commission therefore recommends that the board grant the variances. Thank you. MI 2021-003346-611

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North 20th Street, I vote yes. Harold Tenere, my vote is yes. Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you.

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Thank you.

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Thank you.

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Okay.

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MI 2021-003463, 735 East Rod Avenue,

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Fishtown Neighbors Association, letter of support.

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Councilman Squill letters of non-opposition

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Darlene Thray

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Mr. Chair it's 725

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Okay 725

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Easter Island

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Council

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Sarah we have Ms. Threat coming back

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as a panelist now

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Thank you

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good morning commissioners darling on behalf of the applicants

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good morning could you state your name and spell it for the court reporter please

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darlene threep d-a-r-l-e threep t as in thomas h-r-e-a-t

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do you swear or affirm to tell the truth the whole truth and nothing but the truth

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yes proceed well i'm sorry our vice chair has a few questions hi darlene do you agree to waive

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the reading of the refusal and stipulate to its accuracy hi carol yes i do it appears that you've

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submitted all the required documents uh there's a letter from councilman squilla of non-opposition

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fishtown neighbors association has submitted a letter of support and you may proceed thank you

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Thank you.

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you see my screen now yep good morning commissioners this is a straightforward case here today

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i'm showing you my presentation package with alyssa that i submitted to you today

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We have the refusal, the appeal, the product information form, tax information, D, pictures, plans, community letter, kit of mailing.

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I'm just going to scroll down very quickly to give you a project here.

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Taking my computer a little time to catch up here. Here we go.

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Commissioners, this is a property that's in question today.

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I'm showing you here a picture of posting of this property.

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Basically, this is a property that is next to, but this property has never had a history

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of a commercial use for the properties in the block, except the two corners properties

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have a use.

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My clients bought this property back in 2019.

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They thought it was a single-family property, and they started renovating this property.

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Unbeknownst to them, it was a CMX2, which requires a commercial use on the first floor.

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Before we follow this appeal to the Zoning Board of Adjustment to allow this property to simply be used as a single-family residence.

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Community Association, the Fishtown

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721. We did receive it. It was in excess of 40. No one pretty much had an objection as a single

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a family dwelling. Basically, we're in the sense of renovating it and are seeking approval from

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the board. I'm going to show you the property. This is the adjacent property. It's the same.

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The property over here is the same. It's used for the single family. It changes to the footprint

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of this building. The only change that will be made to the building is that update the siding

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in the front of this building. I'm just going to us to the plans very quickly.

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And if you'd like to see the exterior or interior pictures, I'll show them to you.

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