civus
Hearing video

ZBA Hearing - April 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Apr 13, 20223h 18m

I do.

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did you email all of the exhibits as required such as proof of ownership tax clearance copy

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of refusal pictures or drawings of the property five days in advance of this hearing did you meet

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with the rco and do you have a rco letter yes to all three thank you please proceed and share your

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screen okay good afternoon good morning again chairman members of the board leo mulvihill on

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behalf of city block acquisition 10 this is a proposal for multi-family dwelling at 5511 spruce

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which is currently a vacant lot uh this property is in is located in an area that is mixed rsa3

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rm1 rsa5 and cmx2 so our request is really not out of line which with what is in the immediate

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area in addition we do have full support from uh the community group uh after several after

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our community meeting that we held earlier this week so we received refusals from this property

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in the rsa3 district for multi-family minimum number of parking spaces and we simply can't put

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parking spaces in without taking away one street parking and two really any floor area of the

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property so we didn't wish to have any all street parking and the neighbors really weren't that

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concerned about that either uh the final refusal is due to side yard with a slight variance of

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that to five and that allows for the property that multiple windows and a side uh yard area

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uh some more light gets into the units rather than having no light in the units whatsoever

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mr mobile hill could you could you put your screen up to show the property

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oh is it not currently no you you we just see you that's all all right well i'll fix that

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that should be working now it's coming up now there was our refusal

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area zoning map showing our property indicating

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mr mofahill i'm sorry to interrupt next uh uses in the

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mr mobahill your voice has really been here can you turn off your video please mr mobahill

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Leo. Is that any better? Leo, can you turn off your video? And then try, because it looks

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like you have connectivity problems. And now, now try your voice. Okay, was that working?

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Yeah, a little better. Thanks. Okay, I'm sorry about that. I've been having these issues all

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morning. So we can see here, this is the property indicated in blue. It's in the middle of three

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vacant lots that are currently there on this block of Spruce Street. There's our overhead shot,

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and we can see we're indicated here right in the middle, right next to a deli, and there's a number

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of stores and child care centers in the area as well. Client's deed, commercial activity license,

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Proves that taxes have been paid, pardon me.

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This is my community letter that went out and I approve of mail-in.

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Here's our letter of support indicating that the participating RCOs and neighbors approve

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of our proposal.

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Here's some photographs of the lot itself.

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that's looking to the west and to the east and here's ultimately the proposal that we're seeking

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to build so members of the board we're going to have a three-story structure with a third floor

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setback and a street setback to kind of match the properties next door as well going to this

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structure and pardon me this diagram we can see that our building is about a similar or slightly

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less massing than the other buildings that are already currently on the block.

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Decent-sized backyard, decent-sized front yard, and this is that side yard

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for which we received a refusal. So overall, it's going to be

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three units in total. Luckily, we have these pretty well laid out

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Pretty well laid out in different colors.

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in different colors. We're going to start in the basement, which is down here off to the right.

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We're going to start in the basement, which is down here off to the right, a cyan sort of color.

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So the basement is just going to be open for storage or something along those lines.

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Then we have unit A, which above grade has 739 square feet, dining room to the front, kitchen to the back, bathroom, and then bedroom.

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And the layout of all these other units is really very similar.

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Level 2, similar layout, bedroom to the rear, mechanics and bathroom to the middle, living area to the front.

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And Unit Z, which is slightly smaller because of that setback, has living, kitchen, bath,

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bedroom, and is about 685 square feet.

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This is just the elevation of the building, showing both the front and sides, a mix of

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brick, fiber, cement, and perhaps a vinyl siding.

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We're not going to be any taller than 37 feet from grade, which we're going to have

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to do under the zoning code.

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Because we have full support of the members of the community and because this variance

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is minimal and will not affect city infrastructure or neighboring properties in any way that

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is deleterious, I respectfully ask that this board grant our request for a variance to allow

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for the multifamily living in this space.

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Now Alan Borowitz should be on the line.

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I would ask him to raise his hand so he may unmute.

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Mr. Borovitch, you can unmute yourself and wait for the chair.

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Yes, I'm here.

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Could you state your name and spell it, please?

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Yes, Alan Borovitch, A-L-L-E-N-B-O-R-O-V-I-C-H.

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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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Proceed.

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Mr. Borovitch, you've heard my testimony today.

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Yes.

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and anything you'd like to add at this point no

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is my testimony true and correct to the best of your understanding knowledge and belief yes

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and you adopt my testimony as your own yes all right i have no other questions for you

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mr what questions from the board thanks no mr chairman no mr chairman uh mr

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malville one question what's the rest of the block look relative to multi-family um there are i believe

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very few legal multi-family on the block um but i don't have

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the accounting of the entire block okay in summary in front boxes looking at the properties you have

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mix of single family all right questions or comments 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 members of the board the comprehensive plan

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recommends no change to the residential single family zoning at this location which has been in

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place for decades with respect to the variances for side yard width and for parking the proposed

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structure is consistent with adjacent structures on this block. However, with respect to the

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proposed use variance for three-family use, the applicant's hardship claim is not supported by

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evidence of any unique conditions on this lot. This is a vacant, cleared lot ready for development.

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The proposed use is simply not allowed in this zoning district. We will allow that one of the

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adjacent properties has a legal non-conforming two-family use, and so our recommendation would

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be to grant with a proviso no more than two dwelling units and members of the board the

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multi-family use was discussed at length with members of the community and generally speaking

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these community members are very uh very supportive of keeping intact single family districts however

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with respect to this particular parcel um the issues of affordability for members of the community

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to have one of these new units in a multifamily building

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versus a new, brand new, single-family structure

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was discussed at length.

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And members of the community were happy

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that the price range of the units as proposed

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was much more in line with what could be afforded

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within this community itself,

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rather than a new structure that would cost over $400,000.

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And am I 2021, 0, 0 to 8, 4, 0.

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55, 11, Spruce Street, I vote yes, but provides oh, 2 units. Thomas Solomon. My vote is yes. We provide so.

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James now, my vote is yes. We provide.

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Yeah, we tried to call you earlier, number four, which was 2351 North 31st Street.

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You're okay with the continuance, right?

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Yes, yes.

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MI 2021-002835, 2351 North 31st Street, continued.

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Great.

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Thank you, Jeremy.

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Have a good day, everybody.

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Tanya, how are we doing with the L&I issue?

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Don't seem like we can get him on. If you can call him again, Chair, to see if he's under another name. If not, we would have to continue.

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Okay. Mr. Chair, this is Leonard Reuter for the city.

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i don't know again i i don't object to a short contingent you know a continuance here that

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that's that's fine um it's it's a this the there were several violations that were issued but only

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one of them uh is relevant to this board uh and that involved uh signage it's not the signage

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issue before this board is obviously doesn't raise any health welfare safety concerns so i would have

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no objection to continuing the matter uh until uh the appellant is oh actually i see him now

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mr for her yeah

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mr for her can you please raise your hand

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i could you state your name and spelled for the court reporter

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So you just need to unmute yourself on the bottom left.

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Okay. Hi, could you state your name and spell for the court reporter, please?

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Yes, Christopher Fear. Last name F as in Frank, E-H-E-R.

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

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I do. Proceed, sir.

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um well we were uh we're the uh tenant um at this uh property uh the first floor commercial

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business um the property was issued violation for uh obtaining zoning for illuminated sign

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um so that was referred to us rather than the building owner um in speaking with the um the

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lni uh inspector uh involved he uh directed us to appeal uh appeal to the zoning board for more time

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as obtaining zoning for the sign would take more than the 10 days noted in the violation notice

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um in order to avoid any fines so that is what we're doing here uh appealing for time to deal

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with this zoning issue mr reuter uh thank you uh members of the board um i i do want to note and

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just so uh mr fair is aware and uh it may may be the issue uh other issues would have to be dealt

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with by the owner presumably but there were several other violations that were issued uh to

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the property uh that that do have some safety uh concerns and that is the property does not have a

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current uh certified fire uh alarm and suppression system uh now again it may be mr ferris position

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that that's something that has to be dealt with by the owner but i just wanted to make it clear

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this appeal does not stay enforcement of those violations um i as far as the signage application

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goes it does appear that the uh i i don't know what the existing business is that mr fair is

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trying to operate is that the tamale shop that is the tamale shop correct okay so there had been a

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previous uh food establishment in that location that did have an awning and sign however uh that

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had never been legalized the zoning permit that was issued for the restaurant uh which i can't

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i don't even know if that was the previous restaurant it might have been two or three

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before that um there have been a number of places in this location over the years uh that permit

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explicitly said no signage on that application so they at the time there there had been no um

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permit given for any kind of signage and you know certain types of signs like a flat wall sign

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could probably be permitted by right but any kind of a uh blade sign especially blade sign

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that's illuminated would need a zoning permit in this at this location um i just want to note that

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this appeal was filed in January. We're now in April. And as of today, I do not believe that

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an application has been filed. So I would not object to the board. Well,

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so uh i would not object to the board uh well so what we do with violation cases at the board of

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l and i review is we will often ask that the board affirm the violation uh that would be

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a decision say would be something like city affirmed and then give a 90-day stay of enforcement

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and i would agree to that here so we would ask the board to uh because they're not contesting

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the violation but and it has been three months almost three months and there's still no application

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we would agree to an additional uh 90 days uh with a state of enforcement um so that is he has

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another 90 days to try to get the sign legal uh legalized uh and we will but after that point we

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would start to accrue fines. Okay. Okay. So I would vote to affirm 90 days, no enforcement of

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fines. Thomas Sullivan, my vote to affirm 90 days. James Snell, my vote is to affirm the 90 days.

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Right. And again, just so we're clear, this is just as to the zoning violation. The other

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violations are not affected by this absolutely right thank you sir thank you i'm sorry i'm sorry

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this is tanya the um mr reuter um so i just need clarification of the vote are we saying this is

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denied or granted which is i think the appeal was is denied uh but uh with the understanding

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that the city will not uh enforce for 90 days from today thank you mr reuter for that clarification

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thank you thank you everyone number okay so mr ferry you have 90 days basically okay to to uh

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to apply for zoning for the sign yeah and then once we apply we're okay from there uh i can't

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say that you might not need a variance so that's i can't i can't give you that advice now but i would

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i would suggest contacting uh that's either a sign company that could try to take care of it for you

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or, or an attorney. Yeah, no, I, I can, I can get all the, I can get all the appropriate parties in

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order to do that. But, you know, in the event that that takes more than 90 days, are we going

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to be fined after that point? Because, you know, that's why, that's why it didn't. If you, if you

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get the application in, then we'll talk, but, but you need to get the application in at least.

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Okay. Okay. All right. Thank you. Thank you. Thank you, Mr. Thank you.

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MI 2021 004975 5840 Willows Avenue.

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I see no hands at the side chair.

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Cases continued, must be tried.

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MI 2021 002828 6516 to 20 Uplidge Street.

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Edward Quinn is the attorney.

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Mr. Quinn, I'll be back in as a panelist now, Chair.

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Thank you.

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Good morning.

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Can you hear me?

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I can.

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

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Mr. Quinn?

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Sir, you need to unmute yourself again.

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just along the bottom left of the screen okay good morning chairman bergman good morning board

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my name is edward quinn and i'm here with my client today uh tony land concerning 6516 uh upland

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street okay um you swear to affirm to tell the truth the whole truth and nothing but the truth

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mr quinn yes i do okay um could could you identify who your client is and the relationship that

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of property uh chairman bergman my client is tony lamb uh he is the sole member uh single member

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owner of lamb agencies llc uh which is the legal owner for this parcel mr holliman has a few

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Agencies LLC, which is the legal owner for this parcel. Mr. Holloman has a few questions for you.

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questions for you good morning counselor do you agree to waive the reading of the refusal and

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good morning counselor do you agree to waive the reading of the refusal and stipulate to

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stipulate to his accuracy yes i do did you email all of the exhibits as required such as proof of

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exact accuracy yes i do did you email all of the exhibits as required such as proof of ownership

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ownership tax clearance copy of the refusal pictures or drawings of the property five days

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tax clearance copy of the refusal pictures or drawings of the property five days in

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did you meet with the rco and do you have a rco letter um yes to all the above um with the asterisk

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