civus
Hearing video

ZBA Hearing - January 31, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 31, 20244h 17m

their letter of support. And importantly, we have also presented the project to the immediate rear

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next-door neighbor to this project, Ms. Kathleen Harold, who has also offered her letter of support

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as well. The property is in the RSA 5 zoning district, and we are seeking two variances from

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the dimensional requirements of this district in connection with a proposed addition. One is a side

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yard variance on the side yard that is facing the overpass, the right-of-way for I-95, and the other

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is a rear yard depth variance of about two and a half feet. In connection with this project,

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we did make certain changes to the plans that are design aesthetic changes only, but these are the

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site plans that are being proposed, and these are our proviso plans. Specifically, what was changed

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in our conversations, not only with Queen Village, but more specifically with our next door neighbor

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and reviewing the plans, was the facade material. So originally, we were proposing stucco on the

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exterior of the addition and at the request of the community and specifically our next door

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neighbor, that facade material will be brick. So we have submitted proviso plans to document

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the new materials that will be proposed with the addition, which of course will be presented back

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to the historic commission and are consistent with their original approval. So we are asking

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for variance relief for the side yard and the rear yard conditions. They are modest in nature

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and intended to make what is a 1760s-era home fit for modern occupation.

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They have been specifically designed to be the least minimum variance that's needed

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to kind of make this a viable single-family home.

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And in conversations with our neighbors and with the community,

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we don't feel this will have any detrimental impact on our adjacent properties.

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And also, especially with the brick that's being proposed,

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it's compatible with the character of the existing neighborhood.

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So with that, I'll ask my client, Ray Evers, to raise his hand.

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and identify himself, and we can answer any questions. Ray, can you raise your hand if you

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haven't done so already? Mr. Evers? Here he is. Mr. Evers has been allowed to speak.

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Good morning, Mr. Evers. Could you state your name and spell please for the court stenographer?

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can you hear me sir yeah i can could you state your name and spell for the court stenographer

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please it's raymond evers uh last name is spelled e-v-e-r-s do you swear or firm to tell the truth

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the whole truth and nothing but the truth i do sir please proceed counsel all right did you hear

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the statements i made earlier this morning i do and i adopt and agree what you said thank you um

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If there's nothing else to add, we'll be happy to answer any questions.

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I'll also know we have the project architect here as well if there are any technical questions.

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All right.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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There are no hands, Chair.

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Planning Commission?

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Thank you, Chairman and members of the board.

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David Fecto with the City Planning Commission. The comprehensive plan recommends no change to

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the residential single-family zoning at this location. The appellant seeks relief from the

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minimum side yard width and rear yard depth provisions in the code. We would argue that

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the small size of the lot, 957 square feet, and the shallow depth, approximately 53 feet,

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pose an economic detriment to the applicant to the appellant's use of their property the city

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pose an economic detriment to the applicant, to the appellant's use of their property.

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planning commission recommends that the board grant their requested dimensional variances

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for side yard width and rear yard depth thank you mi 2023 004 393 11 queen street i vote yes

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with proviso revised plans three pages stamped by zba january 31st 2024.

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Thomas Holloman, my vote is yes

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with proviso

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James Snell, my vote is yes

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with proviso

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Ishmael Shaheed, my vote is yes with proviso

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Thank you, counsel

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Thank you

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Number two, MI 2023

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004

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501

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916 League Street

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Vern Anastasio is the attorney

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There's no RCO letter

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that we have at this point

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but the meeting was held 1-9-24.

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There's a letter of non-opposition

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from Council Member Squilla

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and the ZBA received three forum emails

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of support from neighbors on League Street.

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Mr. Chair, this is Hillary.

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I just want to note in Council Member Squilla's letter,

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he states that the RCO did not reach an agreement

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on the request as the neighbors were in non-opposition

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and the RCO committee was opposed.

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Okay, thank you.

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Vern Anastasio has been promoted.

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Good morning, counsel.

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Good morning, Mr. Chair.

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Please state your name and spell for the court stenographer.

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Yes, sir.

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It's Vern Anastasio, 2016 Spruce Street, Philadelphia, 19147.

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I'm representing Carrie Marie, the owner of the subject property.

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Okay.

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Our vice chair has just a few questions.

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Thank you.

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Good morning, counsel. Do you agree to wait or stipulate to its accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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I have.

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Thank you. Please proceed and share your screen.

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Thanks.

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All right, Mr. Chair, members of the board, we're here for 916 League Street. Fairly straightforward appeal here.

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There is the proposal for an erection of a fourth floor above an existing flat.

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My client has owned this property for quite some time.

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There have been some considerable problems with water damage.

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Upon looking at it, it turned out to be a project that would take a lot of construction.

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As a result, my client thought it would make the property certainly more livable because it's on a postage stamp size lot if they were able to extend the rear and with the addition of the fourth floor.

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As you'll see here, it's not unusual.

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The height is not unusual because let me pull in here for you in a minute.

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we've got several properties on their side of league street this is little league street okay

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on the north side the properties are relatively modest in size as far as height is concerned

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however on the south side the homes are far more taller you'll see this four over one property

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that stretches from the middle of the block all the way to the corner.

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And as you can see here, you've got adjacent properties that go well in excess of the 38 feet

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with roof decks and different additions.

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And here's a pilot house that goes beyond that as well.

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So on this side of the street, the heights of the homes sort of reflect the heights of the properties

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that face Washington Avenue because you're getting closer to the commercial section,

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southern end of Bella Vista. Additionally, the property that my clients abut from the rear

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has zero windows, so this doesn't impact them at all. Let me show you what we have as far as

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This is the size of the lot. As you can see, it is extremely small. And the idea is to put in a rear home office and then the sunroom at the top.

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Here's an elevation. These architect plans were done by Toner and Associates. Mr. Toner's here

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if there are any questions with regard to design. But as you can see, the sight line will have zero

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But as you can see, the sight line will have zero impact on the sight line of pedestrians on Leak Street.

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impact on the sight line.

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And the front end cornices will, of course, align with the adjacent properties.

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And there are some additional items.

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Here are some photos.

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right now as you can see there's a staircase that i certainly couldn't go up and down on

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but uh i'm sure some folks can and uh uh that would just be covered that stair would just

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become internal let me uh here is the

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Here's the letter to the RCO and to all adjacent neighbors.

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Here's the addresses that were all mailed or noticed.

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The meeting itself was very well attended.

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As the RCO letter indicates, 100% of the neighbors in attendance supported this appeal.

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In fact, and even a good majority of the RCO committee, I think one or two members may have had a bad day.

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And as a result, they sent over a letter saying that there was no consensus, but no RCO meeting is ever 100 percent consensus.

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But 100 percent of the neighbors who live around there were in support of the appeal.

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And that's what drove Council Member Squilla to support a non-opposition position.

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In addition, pages 23 to 26 in my exhibit packet show written letters from immediate neighbors with regard to 926 League, 909 League, and finally, the neighbor most impacted.

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a 918 league, which is they share a breezeway. There would need to be access to that breezeway

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in order to put the rear addition on. And the neighbor at 918 is, again, in full support

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per her letter. And additionally, there was an email granting my client full access to the

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breezeway in order to get the extension. I believe this neighbor, among all the other neighbors that

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came out in support understand that these are very small homes on very small lots.

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And if there's a way, especially post-COVID, to have a home office and make the property

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more livable, it certainly will preclude folks from leaving the neighborhood and leaving

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the city, which, of course, they don't want to do.

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As a result, because of the unanimous support of all community members who live within the

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immediate area most impacted, both at the RCO meeting and reflected in the emails today.

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Because of the unusually small size of the lot in question, and because our proposal

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will just be in line with other homes on the southern side of League Street and not adversely

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impact anyone's light, air, or otherwise, I respectfully request the granting of this variance.

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Brian, could you bring your client on, please?

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Of course. Carrie, could you please raise your virtual hand?

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Carrie Maria is allowed to speak.

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Good morning. Could you state your name, please, and spell for the court stenographer?

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My name is Mary Maria, M-A-R-Y. Last name is Maria, M-A-R-I-A. Just to note that Carrie is a nickname.

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

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I do. Proceed, counsel.

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Thank you. Ms. Maria, did you hear my presentation to the board this morning?

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I did.

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And is it true and accurate to the best of your knowledge?

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It is.

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And do you adopt it as your own testimony?

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I do.

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Thank you. I have nothing further, Mr. Chair.

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Questions from the board?

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No, Mr. Chairman.

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questions or comments from our attorney hillary emerson just a quick question um mr anastasia

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did you receive a letter from bella vista neighbors we got the letter from the council

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office but we never received anything from from bella vista the only thing i received uh was i

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think a vote breakdown from them okay can you forward that to me because we we didn't receive

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that thank you questions or comments from the virtual audience

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there are no hands here planning commission thank you chair

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there are no hands chair planning commission thank you chair bergman and board members good

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morning david effecto with the city planning commission the comprehensive plan recommends

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no change to the residential single family zoning at this location the proposed variance for maximum

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height is minimal and does not conflict with the purpose and spirit of the zoning code the vertical

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vertical extension of a non-conforming rear wall is a continuation of existing condition we would

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argue that the small size of the lot, 514 square feet, and the shallow depth, approximately 33

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feet, pose an economic detriment to the appellants' reuse of their property. The City Planning

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Commission recommends that the board grant the requested dimensional variances for maximum height

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and vertical extension of a non-conforming rear wall. Thank you. MI 2023-004-501-916 Lake Street,

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I vote yes, with proviso.

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Revised plans, one page, stamped by ZBA, January 31st, 2024.

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Thomas Holliman, 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 proviso.

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Thank you, counsel.

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Thank you.

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Number three, MI 2023, 004-404-665-North 11th Street.

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Henry Clinton is the attorney.

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Letter of support from 14th Community Organization, RCO, based on revised plans.

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Mr. Clinton has been promoted.

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Thank you.

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Good morning, Mr. Clinton.

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Good morning, Mr. Chairman.

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Could you just state your name, please, and spell for the court stenographer?

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Sure, Henry Clinton, H-E-N-R-Y, Clinton, C-L-I-N-T-O-N.

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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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I do.

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Could you identify your client and relationship to the property?

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Sure.

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My client is Mr. Nguyen, capital N, capital G, and he is the sole member of the LLC that owns the property, 665 North 11th Street, LLC.

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All right. Our vice chair has a few questions.

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Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I do, Mr. Chief.

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Have you emailed in all the required documents and exhibits within five days to proceed with this case?

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