civus
Hearing video

ZBA Hearing - September 29, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 29, 20218h 23m

is driving up onto the sidewalk area and of note this sidewalk here is the property of the city

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of Philadelphia's parking lot not any single family home. A close-up at A5 of the very narrow

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of Phillip Street. A6 is the end of Phillip Street showing the fire hydrant, the adjacent

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property owners with their flowers. And then A9 is the double lot open air spot that exists

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at 1422 through 24. Of note this is over 22 feet in width so anyone who's making a turn coming in

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and out of this double wide spot is going to have a much wider radius to make that turn safely

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and appropriately as opposed to someone leaving the proposed development with the

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and appropriately as opposed to someone leaving the proposed development with the 11 or 12 foot

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curve cut and the garage opening of what was 9 feet in which they're proposing to increase to 12.

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As I mentioned earlier at the at the northern end of Phillip Street there's a large city parking lot

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where neighbors are able to adequately park their cars.

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this is the perpendicular garage street at 812 as you'll see there's not a single

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parking space here or all street parking space

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and for the record this is exhibit neighbor exhibit b which is the google aerial and right

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where my cursor is right now, it's Phillip Street as it comes off of Reed, Geyer Street

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which we just saw in the pictures is where my cursor is right now and at the very end

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is where the proposed development is. I do note that Penn Support is opposed to this

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project rightfully so. This is creating a turning radius that's not acceptable for

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kind of single-family home on such a small block in the city of Philadelphia. So our understanding

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that Councilman Squilla is also opposed to this project and my client continues to be opposed to

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the type of parking setup that's being proposed. Mr. Nockam said at the beginning of this presentation

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referenced that my clients are opposed to any development. That is certainly not true. My

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clients live next to single-family homes at 14, 23 through 25. As she was growing up, she's a

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lifelong resident, has been there since the 1950s. She herself has owned and improved this property

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throughout the entirety of her life. As the neighbors in here know this family very well,

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the famous band of brothers, Babe Hefford is her uncle. This is a family that's been here,

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knows the community knows what's safe everyone who is a part of this community from councilman

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squilla to penn sports opposed this project for a good reason and with that i have no further

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questions and if the board has had my client adopt my testimony you said your client on then we'll

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get back to mr notkinson miss heffern yes did you hear my statements to the board today yes i did

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do you agree with my statements and their factual accuracy did i misstate anything no do you adopt

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those statements as your own absolutely i do thank you i'm sorry i have to swear her in

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just give us your full name spell your full name and i'll swear you in jacqueline j-a-c-q-u-e-l-i-n-e

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heffron h-e-f-f-r-o-n do you swear for him to tell the truth the whole truth nothing but the truth

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yes i do sir you've already given your testimony uh that you adopt mr toner's

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testimony, so we won't need to do that again. Mr. Notkinson.

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Yes, a couple items. Again, this is not unheard of that someone's driving down South Phillip

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Street. Mr. Toner, during his testimony, indicated that it would be difficult to turn on to

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South Phillip Street. My understanding is that the individuals who own the property with the

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off-street parking have an SUV. In terms of the illustration, I don't know if that illustration

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indicates it's an SUV that you know that's in the garage so I don't know what where he gets that from

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thirdly I would like to show the if Mr. Toner can unshare a screen the video that's a fair and

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accurate description rather than just that little section of it to show exactly what you know what

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what can be done on that street.

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So I would ask that the board elevate,

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oh, I see, Ms. Amazon is on.

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And again, just to point out,

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we're dealing with an elevated sidewalk,

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so it's not easy.

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Plus, we're dealing with a dirt vacant lot,

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which you know again adds its challenges but as you can see um and and by the way the other thing

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is to for time purposes this is at one and a half speed that was saved so I just want to you know

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make sure that the board actually knows that that's the speed that you know the video showing

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is actually one and a half speed of that so I don't know why anybody would want to be jumping

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curves like that but no i don't know they would have a curb cut if yeah we're just trying yeah

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no i'm just trying to show because i was trying to show the board because it's the easiest way

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no i'm just trying to show because i was trying to show the board because it's the easiest way

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yeah which is hard so this is this was a hard scenario but i wanted to show

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we also have a smart card which it was much easier to do obviously so it can be done

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but you're dealing with a you know an elevated curb here which makes it really difficult to back

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out so even with even with those challenges we were able to do that and the people who live at

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420-22

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I guess it's 424-26

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you know

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are parking in and out every single day

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well I just have to interrupt

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again but I understand

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the curb cut would make it easier but now

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looking at it coming out of the garage

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what do you do with where the

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rear tires are jumping the curb it's not

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your client's property

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no I hear

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you and that's

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that's a dead end

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and he just

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went on the property

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of 1421

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to execute that

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exit

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all right okay

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and the fire officer

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all right Mr. Nakerson do you want to get

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your client to adopt your testimony

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sure Mr. Archer can you virtually

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raise your hand

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don't have to speak

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Mr. Archer, please spell your full name and I'll swear you in.

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Bill, B-I-L-L, last name Archer, A-R-C-H-E-R.

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You swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Mr. Notkinson.

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Yeah, Mr. Archer, you heard everything I stated today.

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Yes.

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Is it true and correct?

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Yes.

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And do you adopt as your own testimony?

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Yes.

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Thank you.

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Questions from the board?

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No, Mr. Chair.

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No, Chair.

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No. Anyone else to testify in this case, please raise your hand.

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Okay, we have a caller with the number ending in 2-1-9-8. I can allow them to speak if you wish.

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The caller with the phone number ending in 2-1-9-8, please identify him or herself.

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hi hi it's megan andrews m-e-g-a-n-a-n-d-r-e-w-s you swear affirm to tell the truth

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the whole truth and nothing but the truth i do please proceed i just wanted to give you

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the measurements of the street and um the other person gave that to you that was my only that was

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my only hand raised you want to give us the measurement you said no when i raised my hand

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before they were asking the measure of phillip street i apologize but you have it so everything's

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fine thank you thank you anyone else to testify in this case

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caller we have a patrick uh fitz maurice i can allow him to speak at this time sir

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mr fitz maurice please spell your full name i'll swear you in

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Patrick Fitzmaurice, P-A-T-R-I-C-K, F-I-T-Z-M-A-U-R-I-C-E.

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Do you swear if I'm to tell the whole truth, nothing but the truth?

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Yes.

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Please proceed.

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Good afternoon, board.

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My name is Pat Fitzmaurice.

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I'm the president of the Pennsport Civic Association.

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Just a point of clarification, we did submit our letter to ZBA, the applicant and councilman

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school's office, on August 31st.

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I'm actually a little upset that Alan took my thunder when he read most of our letter in,

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so I'll try to keep it brief. As noted by the applicant, we met with the applicant and we

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opposed the application. In addition to basing our opposition on the strong opposition from the

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immediate neighbor and neighbor across the street, we independently arrived at our opposition based

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on our belief that a driver attempting to access the garage could not be expected to access safely,

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consistently, without damaging the curb, steps, or properties of the adjacent neighbors.

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If the applicant wants to show a video of the car pulling in and argue it shows a safe pull-in,

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then it must also address that for every pull-in, there's a pull-out. And the video of the pull-out

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speaks for itself. The driver almost strikes the opponent's parcel. He almost strikes the rear

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curb and plugs. He almost goes on the curb across the street. And the angle shown by the applicant

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doesn't show this, but perhaps the opponent wants to show the full video. When pulling out, the

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driver rides on the opponent's curb. And this is all with someone directing the driver while he

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drives extremely slowly in daylight. I failed to see how someone could be expected to safely

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navigate this street during the life of the garage. Alan said it would probably be a smart

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car utilizing this, but Mr. Chairman, you hit the nail on the head with your comment that it could

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not be expected that the owner would only use a small vehicle. Despite changing the size of the

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Despite changing the size of the curb cut, the applicant did not change the dimensions of the garage to suit only smart cars, and the reason is obvious, because the garage can and will be used by vehicles of all sizes, including large vehicles.

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curb cut, the applicant did not change the dimensions of the garage to suit only smart car.

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Alan stopped reading our letter when we began to discuss the neighbor with the carport, but I think we need to talk about it.

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If that needed a variance, that predates my tenure with the Civic Association, and I don't know what went on there.

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Our board raised that carport at our community meeting.

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The owner said he can't access his carport without riding on his curb.

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While the applicant may characterize it as do as I say and not as I do,

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I like to think of this as it's my property and I'll break it if I want to.

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The opponent doesn't have the cardboard and the video clearly shows her property will be affected.

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In conclusion, our board had our monthly meeting last night and agreed that we should voice our opposition live

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to convey our serious concerns about this application.

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We fail to see any hardship requiring a variance and we hope the board denies this request.

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Thank you.

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Thank you for your testimony.

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Anyone else?

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I'm no further ahead at this time, Mr. Chair.

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Thank you, Planning Commission.

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Thank you, Mr. Chair.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Members of the Board, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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Vehicular access to the property is indeed constrained by the narrow street and by the lots location at a dead end.

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however the street width does not provide enough room to turn a vehicle around without encroaching

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on the sidewalk which appears to pose a threat to the fire hydrant as many of the testifiers have

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pointed out. This applicant is not entitled to an off-street parking spot either. The City Planning

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Commission would recommend that the board deny the variance. Thank you. MI 2021-002209

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1423 South Phillip Street my vote is no. Carol Tenere my vote is no. Professor Plaza my vote is

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no. James Snell my vote is no. Thomas Howellman my vote is no. We will now move to case number four

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MI 2021 that's 00211 1501 Master Street. Meredith Ferlinger is the attorney of record

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I understand that Councilman Clark's office acted as the coordinating RCO and I'm also

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been told that Mary Jones will be representing the council president in this matter.

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Mr. Chair when you called out the calendar number it's MI-2021-002311.

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wrong i apologize no apologies necessary okay all right uh meredith or mr bovay who was

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oh you've got meredith today i got meredith okay i think you've got him later i'm sorry

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yeah well my it's a bad day all the way around for me all right uh please proceed with your

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testimony. Meredith Ferliger, F as in Frank, E-R-L-E-G-E-R of Dilworth Paxson, 1500 Market

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Street, Suite 3500E. Can you confirm to tell the truth, the whole truth, and nothing but the truth?

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I do. Okay, Ms. Denary has questions for you. Hi, do you also agree to waive the reading of

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the refusal and stipulate to its accuracy? I waive the reading. I don't stipulate to its

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accuracy i will address that okay great have you emailed the exhibit packet with proof of ownership

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tax compliance refusal referral photos under plans of the property five days in advance of this

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hearing and have you met with the rco and do you have a letter yes to all of the above i i believe

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the letter was just sent this morning i'm hoping you have it from um mary jones from the council

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president's office i haven't seen it yet but okay i i can bring it up it was a letter of non-opposition

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subject to some provisos which we will be helpful that will be she'll be here uh yeah here i still

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think i'm in the building okay you may proceed thank you uh good afternoon mr chairman members

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of the board uh just to address real quickly the issue of the accuracy of the referral um this is

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something that we continue to bring up. It says that the request here is for single-room residence,

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which as I've addressed in the past, would basically be a rooming house where you are

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renting rooms. That is not what this is. This request should be for group living.

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And the last time that we had something similar, you did issue a proviso in that case that the

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approved use was group living and not a single-room residence rooming house. That is actually

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one of the provisos that the council president's office issued in their non-opposition letter.

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So, as you know, we are here today with a request for a special exception for a property

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So as you know, we are here today with a request for a special exception for

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located at 1501 Master Street.

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The owner of the property is TPA Partners, LLC, and here today I have Ohad Feigenbaum.

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They purchased the property in 2018 after it was constructed by a former owner.

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I also have with me today Craig Deutsch of Harman Deutsch Architecture that can answer

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any specific questions you might have related to the buildings. Now this request is in some ways

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familiar to many others the board has seen, but there are some critical differences and caveats.

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To give you some background, the structures that I'm about to show you were finished being built

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in 2017. So as you can see, let me change the view of this. As you can see in Exhibit 5,

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