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Hearing video

ZBA Hearing - May 3, 2023

Philadelphia Zoning Board of Adjustment (ZBA)May 3, 20236h 11m

We're really not impacting late air.

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It's in harmony with the code.

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And depending on what the community group says, we'll file whatever they require and whatever the board requires.

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Mr. Pellegrino, can you unmute yourself and raise your hand?

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I think he might be on by telephone, Mr. Chair.

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I'm not sure.

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Sure.

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Chair, we have a Francisco Lopez with his hand up.

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That's his son-in-law.

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Yes, that's fine.

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

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Hello?

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Hi, Mr. Pellegrino.

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Hi.

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

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Peter Pellegrino, P-E-T-E-R-P-E-L-L-E-G-R-I-N-O.

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Right.

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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, counsel.

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Mr. Pellegrino, were you on the call when I presented the application for your garage at your home?

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Yes.

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And if you had the chance to testify, would you adopt what I said and say that it's true and correct?

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Yes.

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Thank you, Mr. Pellegrino.

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Questions from the board?

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No, Mr. Chair.

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Questions or comments from the virtual audience?

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Chair, I see no hands at this time.

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Planning Commission.

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Sir, I'm Bednar City Planning.

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The property is indicated for residential use on the city plan.

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Our adopted district plan recommends no changes in zoning at this location.

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The applicant's hardship is not supported with evidence of unique physical circumstances

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or condition of the property that would prevent it from being used in conformance with the code.

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from being used in conformance with the code.

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Therefore, we recommend the quest for vantage not.

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Therefore, we recommend the request for variance not be granted.

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So we don't have the letter from the RCO.

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So what we're going to do is we're going to close the record on this,

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other than the letter from the RCO and a response from you, Mr. Clinton.

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Thank you, Mr. Chairman. Appreciate that courtesy.

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Can we do this in, should I give this two weeks, Mr. Clinton,

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or can you be ready by next week?

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I think we can be ready by next week.

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All right.

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So why don't we look for next Wednesday at 2 p.m. to vote?

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And of course, if we can't get the letter, then we'll make some adjustments then, okay?

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Appreciate that.

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Is that okay?

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Yep, that is fine, Mr. Chair.

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And you said you wanted to hold for the RCO letter as well.

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RCO letter and response from Mr. Clinton.

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Yes.

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Okay, thank you.

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All right.

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Thank you.

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Thank you, Mr. Chairman.

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All right.

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Number four.

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MI 2022-007-148-612 Master Street.

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Joseph Consul is the attorney.

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Letter of support from the 14th Ward Executive Committee, RCO.

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There, Mr. Consul is coming back in as a panelist now.

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Mr. Consul, you were sworn in once today.

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Could you just, for the record, state your name?

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Yeah, Joseph Consul.

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All right. And could you tell me who your client is in the relationship to the property?

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Yeah, my client is Wow Property LLC. The principal owner, Sam I'm, is on the call.

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Okay. Our vice chair has a few questions for you, sir.

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

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Yes.

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Have you emailed in all the required documents and exhibits that are needed to proceed with this case, stoppings, and advance of this hearing?

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Yes.

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Thank you. Please proceed to share your screen.

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All right. My screen should be up.

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It is.

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This is 612 Master Street.

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Here's what we're looking at.

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It's an empty lot on Master Street here.

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it's uh across from the cruise recreation center which is really just a big wall on this side of

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the street um it is zoned rm1 we are seeking to put two units on the property however the lot

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is undersized um we're at 605 square feet uh so we have a refusal for being undersized for the

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second unit. And we have a refusal for occupying 87% of the lot with our proposed plans instead of

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the required 75% of the lot. So those are our two refusals. The property directly next door

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is the same size lot and was approved for two units by this board in 2018. They actually

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are built 10 feet higher than we're seeking to build. We're seeking to build in line with the

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other three properties that are in this stretch of block. Property three doors down, 18 is an

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approved two-unit property as well. That was approved by this board in 2017, and that's more

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in line with what we're seeking to do, which is two one-bedroom units. The property is next to

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a lot for a multifamily development. And across the street, like I said, it's a rec center and

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no single-family homes. So we went in front of the RCO. We got the support with their provisos.

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We actually had to return and amend the plans to take any living out of the basement.

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So we did that.

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That was their proviso.

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They wrote a letter supporting us.

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And we believe that in conjunction with the two approvals from 2017 and 2018, that this request is reasonable for two units.

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we've included our photos and plans showing the elevation as a roof deck which did not generate

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any refusals set back appropriately we included an interior trash room as was requested by the rco

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as well as removing a bedroom from the basement so we've got two one-bedroom units and a roof deck

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And due to the nature of the lot, there'll always be accessible, an accessible backyard by.

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of the lot, there'll always be an accessible backyard by both units.

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A project information form deed, as well as the required tax clearance certificate for Wow Properties, LLC.

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So that's what we're seeking. Approval to build from the ground up here for a two-unit property.

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And with that, I'll call my client, Sam M.

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mr council did you do revised plans when you made the changes or

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we did not submit revised plans but i can i can do that hillary will we would we do

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uh mr council were the only changes to the floor plan for moving the basements were there any

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changes to the site plan no change to the site plan okay then we would not need revised plans

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thank you thank you uh sam could you raise your hand please

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we see hand raised

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no hands chair

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Mr. Counsel you're an officer of the court

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we will gladly take your testimony

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questions from the board

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no

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no chair

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no chair

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Questions or comments from the virtual audience?

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Chair, I see no hands at this time.

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Okay.

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Planning Commission.

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Chair, I'm sorry, we do have a late hand.

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Okay.

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Sure.

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Ms. Monroe, you can unmute yourself.

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Ms. Monroe, just state your name.

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you've already been sworn. Okay, Diane Munro. I know your position in the 14th Ward,

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so start testifying. Yes. Okay, thank you. I just want assurance from the applicant representative.

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I did get a phone call from a resident in that community that

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that they said they did not receive any official notifications

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relating to our open community meeting.

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Yeah, well, we had folks show up that had received them,

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and I have the proof of mail that I included in the packet.

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I can scan to now.

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Okay, I'm just saying

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I got a phone call

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And

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We sent our 86

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And then there was a few community

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Members there, if you recall, that had received

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The notice

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Yeah, all right

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I mean, just want to make sure

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But we did support this project

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And it's a one-time basis

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Again

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And

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I told you, everyone's

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Merit's on its own

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I hear you.

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Thank you, Ms. Monroe.

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Thank you for calling in.

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He did revise

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his drawing

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so there will not be

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living quarters in the basement.

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We know. He told us, Ms. Monroe.

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Thank you very much, Ms. Monroe,

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for your interest. Is there anyone else

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in the virtual audience?

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We have a Sam M.

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Mr. M.

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He's the owner.

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it's a she but yes okay hi could you state your name and spell for the court reporter

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miss m please unmute yourself

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okay we're gonna we're gonna we're gonna move forward yeah we also have jerome hill all right

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mr hill hi uh my name is jerome hill i am the direct neighbor resident all right one woman

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i'm sorry to tell the truth the whole truth nothing but the truth yes sir and for the record

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could you stay your name again and and spell for the court reporter jerome hill j-e-r-o-m-e

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h-i-l-l jerome hill okay proceed sir so i along with my wife on the property or one of the two

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properties next door they're uh in the photo 614 west master street um and i'm the individual who

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And I'm the individual who spoke with Diane earlier. We did not receive any mail, any official notice. Again, I don't think that there's any issue, but just for the record, everyone stayed there.

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spoke with uh diane earlier we did not

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And I talked to a few of my other neighbors. We did, you know, on this block, we did not receive any mailed information about this whatsoever. So, again, that's all I wanted to state. So, you know, the other party should, you know, they should probably do better diligence in that. And again, that's a statement without any real objection.

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Sure, sure. We'll make sure that we take a look at that. Thank you, sir.

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have a good evening anyone else in a virtual audience

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here i've seen all the hands at this time planning commission

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this is ron bednar city planning um the property is indicated for residential use on the city plan

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or adopted district plan recommends no change existing zoning dislocation the applicant's

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hardship not supported with evidence of the physical circumstance that provided

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being used in full conformity with the code therefore we recommend the press fast but not

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be granted. MI 2022 007 148 612 Master Street I vote yes. Thomas Holloman my vote is yes.

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Jim Snell my vote is yes.

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ishmael shaheed my vote is yes thank you thank you counsel number six mi 2022 006 919

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424 to 28 belgrade james quinlan is the attorney um

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no rco letter as of yet from the fishtown neighbors association

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we've received one letter of support and a letter one letter of opposition from neighbors

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mr quinlan chair mr quinlan is coming back in as a panelist now okay

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okay chair i'm getting the error code i'm not able he's now he's been

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I'm getting an error code, Chair.

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I'm not able to promote him.

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Okay.

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Mr. Quinlan?

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I'm here.

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I'm here, Mr. Chairman.

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Okay, okay, good, good.

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

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Sure.

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James Quinlan, J-A-M-E-S-Q-U-I-N-L-A-N, P-A-I-D-2-0-0-9-4-4.

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