civus
Hearing video

ZBA Hearing - April 28, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Apr 28, 20263h 28m

Questions from Mark, sorry?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience or the present audience here?

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Yes, Chair. I have a hand up by the name of Linda Montella. I'm going to allow them to speak.

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That's the Palmetto Street case.

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Okay, we'll get back to that.

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But I think there is a hand for this case.

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Chair, I have a hand up by the name of Craig Melodosen. I'm going to allow him to speak.

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Chair Bergman.

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

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Craig, C-R-A-I-G, last name Melidosian, M-E-L-I-D-O-S-I-A-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, Chair Bergman.

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Please proceed.

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I just want to indicate that the consortium does support this. This has been a protracted project.

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at a very difficult location and not to be pejorative there are some physical

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challenges on this particular block you're looking at the looking north at

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the property and going to the west we have two lots that are properly zoned

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for the storage of auto vehicles so their vehicles coming right down to

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literally the pavement line. That takes you to Lowry Street. Lowry Street has additional auto

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repair slash tire business on it that's encroached into the highway. And again, as I said, not to be

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pejorative, there is a homeless shelter that at last count had 250 people in it. So it does raise

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some unique challenges on that block. And one of the things that we wanted to do was, based on the

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operation of the shelter, make sure that people who needed, men who needed to leave the shelter

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during the daytime would not congregate in that business, or we would not have someone who would

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be sophisticated and rent a room from the applicant and then arbitrage it into a daytime hangout for

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the gentleman that had to leave. So there are a number of unique circumstances. I will, you know,

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significant structural and L&I violations in it. So we commend him for that. We did talk about

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accessibility from the street. I have personally been involved with the installation of an elevator

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at 3624 Market Street. So the likelihood of that happening at this type of building is minimal,

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but we also talked the concept of a ramp so that we could get an individual into an ADA unit on

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the first floor. There were six RCOs and jurisdictional of this. Three of them met on the

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Zoom and a fourth one telephonically. And we have put a five-year or asking to have a five-year term

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put on it. If it works out, we'd be happy to renew it. We believe that if it does not work out

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and he loses his accreditation, either for a licensure and approval of a facilities or agency

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to manage it and his compliance with personal care homes, that he'll lose our proviso and

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will revert back to whatever the underlying zoning is at the time.

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So we've tried to construct as many elements to professionally operate the facility.

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We do need additional housing for people in the community that would support these types

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of members of Southwest or people who want to move in Southwest.

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It may not be an elegant solution, but it seems to be the best that we've been able to craft it at this time over a protracted period of time.

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The lot to the east of it is, from what I can tell, is actually held by a speculator.

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is from what I can tell, it is actually held by a speculator who bought it from a prior investor

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who had property down at the corner. He does not seem to be intent on doing anything.

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We believe he simply bought it and is sitting on it for better times. I'm not sure if Kendall

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would be able to acquire it, but it was discussed. Thank you very much.

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thank you very much for your uh your explanation um anyone else in the audience i see no hands at

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this time too planning commission madison matera planning commission staff m-a-d-i-s-o-n-m-a-t-e-r-a

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

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i do you wish to uh change your standing on this nope just wanted to say we have no further

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comments okay thank you very much and just um madison just to clarify the the prior comments

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were they because this this is now a referral um were the prior comments for that for the referral

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for a personal care home or i thought they were for the original proposal with the um single

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family plus a single room residence that is still a refusal for rsa3 for personal care home is it

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okay then i can i can update the um do you want me to do the testimony now

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sure update sure we are gonna we are gonna need to um hold the vote on this one because

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mr johns needs to watch the video for today so if you wanted to submit something in writing this

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week you could do that okay we can do that yeah just so okay thank you all right good so um

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next uh wednesday so we'll um mr johns will be back we'll vote on this next wednesday

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at 9 30 a.m and consider it in the executive session okay burn yeah we don't have a quorum

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is that the story uh not from from the prior hearing um mr johns was part of the quorum that

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yeah heard it so yes i'm sorry about that but next one day may 6th thank you appreciate it thank you

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all right we're gonna go back do we number three do we see a hand from number three okay

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we're gonna go back to mi 2025 004 497 60 29 palmetto street

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and there's the interpreter speaking do you want me to proceed yes could you please uh bring the

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is she back

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yes chair i'm promoting her to panelists as we speak okay

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Could you please have her state her name spelled for this stenographer?

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So, it's M-A-R-I-A-L-I-N-A-M-O-N-T-I-L-L-A-N-A-V-A-R-R-O.

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Right.

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The applicant needs to present additional information,

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so could you please have her start with additional information on the project?

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Así que el aplicante necesita presentar información adicional,

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así que si puede proceder y darnos la información adicional.

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i just wonder we are specifically looking for the updated floor plan and additional interior

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photos así que solamente para dar nota que estamos buscando específicamente para el

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plan de piso actualizado y las fotos de interior adicionales

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we make them for plans

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and have her trying to explain for us please

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so if you can make the image more big and can start to explain

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so this is the basement it's just for personal storage

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So for the second plan is the ground floor, and there's two bedrooms.

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la segunda habitación este es el baño principal y este es el área de cocina y living room integrado

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so there's a second there's a second bedroom and there's a main bathroom there's a kitchen

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there's a living room

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so there's the second floor there's one bedroom um with a living room a kitchen and a bathroom

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could she please show us photos of the interior

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so this is the kitchen for the second floor and there my son will live with his wife

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it's the bathroom of the second floor

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so that's the bedroom for the second floor

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Y esta es la cocina del primer piso donde voy a vivir yo.

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could you please answer is the first and second floor still connected

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y el primer y segundo piso están conectados

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si entramos por la misma puerta principal que es esta

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en la misma puerta principal de la casa

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pero están divididas las dos unidades

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we're still going through the same front door

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but the two units are divided

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there's no way

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if you're on the first floor

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you can't walk up to the second floor

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y si usted está en el primer piso

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¿usted puede subir al segundo piso?

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so yes i can go up but i have to tell them to open the door

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i could open it with a key but i can i can go up questions from the board

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yes on the first floor um you said it was a living room area and i didn't see that on the

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join could you point it out for me so it's a big kitchen living room connected so it's

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big space where it's the living room and the kitchen connected any other questions yes um i

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have a few questions about living area it does not look like there's a living room for the first unit

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and i think i actually brought it up the last time and so i was a little disappointed to not

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see that addressed and then on the second floor the room that you have labeled as living room is

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So I would like to see the closet removed from that so that it is classified as a living room for that unit.

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And that's something that we brought to our attention last time, and I'm a little disappointed that that wasn't been aborded.

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In the second floor, you put a room that was titled as a room, but technically it's a room.

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So, I would like to remove the closet, or the closet, so that it could be classified as a room in that unit.

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ok si puedo remover el closet pero éstas está aquí en el plano

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en el plano del primer piso está la cocina con la sala integrada la sala es grande es

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muy grande está integrada es cocina y de hecho tiene doble ventanal el área de lo grande que

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So, yes, I can remove the closet, but I wanted to go back to the first floor.

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Yes, it is a kitchen that has a living room, but the living room space is very large.

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There's even two windows that are in the living room.

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That's how big the area is.

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Can you show that on the drawing that you have up?

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Like, where is that big living area?

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So, it's kitchen, dining, living room.

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It's all three.

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Así que nos puede enseñar a dónde está esa área en los planos. Así que cocina, sala y comedor.

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Aquí está la cocina.

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There's a kitchen.

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Y esta es el área.

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the space i don't know that i would consider that large as 28 square feet so um you have to leave

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walkway for people to get to and from that rear exit door that's required by code so you've really

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only got about you know less than 30 square feet of working area which is about the size of a typical

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couch these days so i do have concerns there um and i think by because there's no furniture laid

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out on this plan um it's sort of hard for people to understand that and yo puedo ver el espacio y

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yo no diría o lo consideraría un espacio grande con 28 pies cuadrado así que no da espacio para

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dejar un camino para que las personas lleguen a la salida de atrás este también eso es requerido

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por código. También cuando algo es un área de 30 pies cuadrados, es un área que se puede

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trabajar. Ese tamaño típicamente no puedes poner unos muebles que sean como normalmente

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de espacio para esa área. Así que esas son las preocupaciones y yo creo que si hubieran

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puesto muebles se pudiera ver mejor ese espacio no tiene muebles porque yo no vivo en la unidad

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verdad este pero mide 13 13 fin por 10.8 fin y este espacio todo este espacio está vacío este

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espacio que está aquí está vacío y todo este espacio está vacío o sea de todas formas quien voy

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a vivir ahí soy yo solamente entiendo la preocupación por supuesto pero creo que tengo bastante espacio

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para para mí soy una mujer de 56 años y ya es un solo hijo no voy a tener más hijos a estas

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So, I don't have any furniture there because I don't live there yet, but it's 13 feet by 10.8 feet, and there's a lot of space, and there's just going to be one occupant, and that's myself.

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I'm 56 years old.

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I do not plan on having any more kids at this stage in my life.

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So, for me, it's a good enough space for just myself.

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Thank you.

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questions from our attorney not at this time mr chair questions or comments from the virtual

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audience the current audience i see no he is at this time too planning commission

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and cemetery planning commission staff i believe we already gave testimony on this

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um we did we we did not have testimony okay i can i can give it again please uh the comprehensive

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The comprehensive plan recommends no change in the zoning at this location from the current RSA-5 residential single family.

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plan recommends no change in the zoning at this location from the current

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Así que el plan comprensivo recomienda que no haya cambios en la zonificación de esta ubicación corriente en el RSA-5 residencial unifamiliar.

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There is no evidence that the conversion to two family was done with the benefit of permits.

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The appellant has not demonstrated that there are unique physical conditions or circumstances of the property that would prevent it from conforming with the zoning code.

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The Planning Commission recommends the board deny the requested variance for two-family household living.

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Así que el Comité de Planos recomienda que la Junta deniegue el pedido de variancias de una vivienda multifamiliar.

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Thank you. MI 2025-004-497-6029 Palmetto Street, I vote no.

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Así que MI 2025-004-497-6029 Palmetto Street, yo voto no.

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charles gaston my vote is no charles gaston my vote is no tenetagram my vote is no tenetagram

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my vote is no tie i win my vote is no thank you thank you interpreter all right is there any other

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case that requires interpreter no we're fine today thank you very much thank you for always getting

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going for us thank you okay we're going to move to number seven mi2025-006-777-5236 rising

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santa avenue zenjin is the attorney

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it's a letter of support

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from the new 42nd ward

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good morning good morning counsel i started to say there's a letter of support from the 42nd the

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new 42nd Ward RCO.

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Could you just, for the record,

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state your name, spell your name

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and state it for the interpreter?

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Yes.

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My name is Zen Jin, Z-H-E-N,

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last name J-I-N.

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Do you swear or affirm

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to tell the truth, the whole truth,

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nothing but the truth?

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I do.

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Could you identify your client

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in a relationship to this property?

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Yes.

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My client is Rene's Arch Daycare Center LLC,

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which is the property owner,

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and Mr. Julian Rene is the representative.

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our vice chair has a few questions good morning did you uh submit your documents and exhibits

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five days in advance of this hearing yes and do you waive the reading of the refusal and stipulate

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to its accuracy i do okay thank you you can share your screen and proceed with your case

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thank you i'm going to share with the board what was previously submitted

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it should be coming up on the screen sir thank you so again good morning uh my name is nj i'm

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representing the application for 5236 rising sun avenue this is an application for use of

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an existing building uh for eating and drinking establishment sit-down restaurant

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in a rsa3 district although it is zoned rsa3 which prohibits this particular use the unique features

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and past history of the property is why after meeting with the rco we received their support

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in this particular request the rco's main concern is that there will be no liquor license

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obtained for this location which my client does agree with the unique aspect of this location is

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that it is actually a commercial building with its own parking in the rear that has been in place

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