civus
Hearing video

ZBA Hearing - January 11, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Jan 11, 20233h 53m

Do not see any further hands, Mr. Chair.

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Hi, Planning Commission.

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Thank you, Chair Bergman.

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Ian Hegarty for the Philadelphia City Planning Commission.

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Board members, the comprehensive plan recommends a zoning map amendment from RM1 to RSA5 at this location.

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However, this proposed dwelling unit count variance is minimal and does not conflict with the purpose and spirit of the zoning code.

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City Planning Commission recommends that the board grant the variance.

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So, number seven, MI-2022-004-439-1010 West Arizona Street, I vote yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you.

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number eight mi 2022 004 433 1700 master street pasquale calavita is the attorney

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um once he gets on i'm going to read into the record four other cases we'll hear

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five cases at the same time

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Mr. Colavita will be rejoining as a panelist.

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Okay.

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Good morning again.

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Good morning.

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Just state your name.

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You've already been sworn.

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Pasquale Colavita, previously spelled.

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Right.

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So what I'm going to do is I'm going to now read in four other cases that you'll do all five at the same time.

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Okay?

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Thank you.

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So, number 11, MI 2022, 004-436-1706, Master Street.

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Number 14, MI 2022, 004-434-1702, Master Street.

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Number 16, MI 2022, 004-435-1704, Master Street.

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And number 18, MI-2022-004-437-1708 Master Street, all of these cases have recommendation of support from the United Neighbors Alliance Civic Association.

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Counsel, would you identify your client, please?

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Sure. Roman Orvatsky.

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okay and our our vice chair our vice uh our board member has

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And our vice chair, our vice board member has a few questions for our secretary.

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I'm sorry.

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Good morning, counsel.

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Good morning.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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We do.

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Have you emailed all the required documents for all the different parcels five days in advance for this hearing?

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We did.

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And then we've updated them in separate packets.

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Originally, I sent them all as one, and now we've sent them all separately.

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So, yes.

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Great, great.

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Thanks.

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All right, please proceed and share your screen.

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Okay.

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so i represent um omega investment fund which uh roman uh ratsky or bosky is um the uh

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managing member, and he should be on. And he owns 1700 through 1708 Master Street. This is in an

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RSA 5 district. There are five empty lots that we're proposing to build three-story properties

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with six units in them. They originally were requesting four or five units. He also has

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recently purchased 1710 through 1718 which as of January were also there was a variance granted

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on those properties that's going to be part of my argument the you know I'll get right to the

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hardship the hardship here is that the size of this lot and to put a single family residence

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on this lot would well exceed any value. The ability to market the place and sell it for

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what it would cost is overwhelming. I actually had included, did not send it on this one, but had

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included it in the 1710 through 1718, and the board, I'm sorry, a court of common pleas actually

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agreed on that, remanded it, and granted the variance on those five adjacent lots.

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So I'll get back to the original one.

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We would like to mark and move all of the exhibits from the deeds.

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It would be exhibits A through O on all five of the properties.

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And they're all similar with the exception of the, I guess, the provisos are all reflecting of this specific property.

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In other words, the proviso is different in Exhibit G for 1700, 1702.

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They all mimic the same exact language.

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So what we're asking for, and just to add, one of the units, there's been an agreement with the community group.

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And if you look at Exhibit O, it's a community benefits agreement where they're going to make it a affordable housing for one of the units in order to get this through.

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Another benefit given in this community benefits agreement is to provide additional work for the neighboring residents.

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So what we're asking for is nothing that's different than any other property on that entire block. That entire block, what I'd like to do is make it the easiest way to do it is to go to Exhibit M.

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and exhibit m will show uh each all of these different properties in that area despite the

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fact that uh it's rsa5 there really are none that are single family residents on that entire block

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as you can see 1701-357-911 i mean go on and on go to the next block the 1800 block

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and i can show you some photographs that's the actual photographs of the lot and let's see

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and as you can see down the block there's three four-story properties uh that that all

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uh have and if you look on the left side of that property that one has been updated there there's

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some more recent photographs of the neighborhood, but in essence, this same, uh,

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of the neighborhood. But in essence, this same ZBA has previously approved

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four, five, and six unit properties on that same exact block. Again, I went back to

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the 1710 through 1718. Originally, it was refused, but then a court of common pleas agreed that there

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is a hardship uh on on the cost of it and again what i'll do is i'll go to what i attached the

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cost back then um i had prepared had a realtor prepare uh the cost it would cost it well in

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excess of seven hundred thousand dollars per property um to to build a single family residence

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These are 100 foot deep properties. So, I mean, if you want, I can continue on with this one. If you look at the previous, let me go to exhibit L.

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Oops.

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Give me a moment, having some struggles.

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Okay. So, again, scroll down, but the property's history, each one of them were multifamily prior to this present, I guess, there were rooming houses, for example, the one on the corner had multifamily and rooming houses, etc.

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So each one of them, and that's why I attached a copy of the zoning history for each of the properties, 1700 through 1708 here.

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So I would just ask that the variance be granted for six-family dwelling with the provisos listed within the requests of the community benefits agreement.

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And we, again, we did forward a letter of support from the RCO, which is being presented right now as Exhibit N.

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As you can see, it was not well attended.

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No one seemed to have any opposition to it.

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Eight attendees and everyone had agreed to it.

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So with that, if there are any questions or if you have your client come on, please.

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Sure.

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Roman.

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I don't know if it speaks.

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

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Yes, sir.

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Roman Obrowski, R-O-M-A-N-O-V-R-U-T-S-K-Y.

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Right.

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

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Yes, sir.

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Proceed, counsel.

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Okay.

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Mr. Obrowski, are you the managing member of the owner Omega Investment Fund?

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Yes, sir.

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I'm going to, members of the panel, there's one brief correction or revision.

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There's actually six affordable housing.

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There'll be four two bedrooms and two one bedrooms.

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Initially, I'd indicated there were five.

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There's actually six.

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So, Roman, have you had the opportunity to listen to my presentation today?

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Yes.

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And would you state that it was accurate with that last revision?

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Yes, sir.

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And would you adopt that testimony as your own?

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Yes.

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Members of the panel, is that sufficient?

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Questions from the board?

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No, Mr. Chairman.

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No, Mr. Chairman.

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No, Mr. Chairman.

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Questions or comments from the virtual audience?

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Do not see any further hands, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman. Ian Hegarty for the Philadelphia City Planning Commission.

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Board members, in 2017, the zoning map was amended on this block from RM1 to RSA5 in accord with recommendations from the comprehensive plan and with the support of the community and city council.

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With regard to the use variances in these appeals, the appellant's hardship claim is not supported with evidence of unique physical circumstances or conditions of the property.

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The appellant here is relying on an economic hardship argument, whereas we hold that use variances demand evidence of unique site conditions, regardless of prior variances granted on this block.

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With regard to the dimensional variance for the size of the pilot house, the dimensional requirements of the code don't create an economic detriment for the appellant.

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This is new construction on an unconstrained site.

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on an unconstrained site and finally we would note for the board that the affordability restrictions

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And finally, we would note for the board that the affordability.

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cited by the appellant are neither defined nor enforceable by the city and are not recorded on

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the deeds and so we would consider them ineffective city planning commission recommends that the board

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deny variances for 1700 1702 1704 1706 and 1708 master street may i before a vote is taken there

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There is one. The proviso actually reflects that all pilot, all dimensional variances were corrected as of within those provisos, within the new architectural drawings.

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My apologies, Mr. Colavito. We rescind our objection to the dimensional variance.

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okay um we're going to vote on each one of these separate

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number eight mi 2022 004 433 1700 master street i vote yes with proviso revised planned one page

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stamped by zba january 11 2023 thomas holliman my vote is yes with proviso

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James Snell, my vote is yes with Proviso

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Ishmael Shaheen, my vote is yes with Proviso

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Number 11, MI 2022-004436-1706, Master Street

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I vote yes with Proviso

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Revised plan, one page, stamp by ZBA, January 11, 2023

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Thomas Holliman, my vote is yes with Proviso

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James Snell. My vote is yes with Proviso.

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Ishmael Shaheed. My vote is yes with Proviso.

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Was that correct? Yes, right. It's okay.

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Number 14, MI 2022-004-434-1702, Master Street.

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I vote yes. Revised plans, one page, stamp by CBA, January 11th, 2023.

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Thomas Holloman, my vote is yes with proviso.

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James Snell, my vote is yes with proviso.

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Ishmael Shaheen, my vote is yes with proviso.

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Thank you. It's number 16, MI 2022-004-435-1704, Master Street.

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I vote yes. Revised plans, one page stamp by ZBA, January 11th, 2023.

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Thomas Holloman my vote is yes with proviso

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James Snell my vote is yes with proviso

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Ishmael Shaheed my vote is yes with proviso

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And the last one MI 2022-004-437-1708

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Master Street I vote yes with proviso

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Revised plans one page stamped by ZBA on January 11, 2023

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Thomas Holliman, my vote is yes, with proviso.

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James Snout, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you, counsel.

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Thank you. May I be excused?

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Yes, you can.

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Have a great day.

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Thank you.

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Number nine, MI 2022-004-394-645 North 40th Street.

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Melissa Frost is the owner-applicant pro se.

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Recommendation of support from the Mantua Civic Association.

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Council Member Gauthier is not opposed to the granting of the variance.

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Ms. Frost, if you're in the virtual audience, please raise your virtual hand, okay?

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She will be rejoining as a panelist, sir.

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Thank you.

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hi could you state your name please and spell for the court reporter

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melissa frost m-e-l-i-s-s-a f-r-o-s-t right do you swear or affirm to tell the truth the

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truth nothing but the truth i do okay so this application is for visitor accommodations in

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an existing structure. The proposed visitor accommodation is prohibited in the RM1 zoning

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district. Our board secretary has a few questions for you, okay? Good morning. Have you emailed all

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of the required documents? I have. Okay, thank you. Please proceed and share your screen.

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Oh, yeah.

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oh you okay sorry full screen there we go okay um so this is my home it's on the corner of

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melon street and north 40th street um north 40th street is um four lanes wide with extra wide

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sidewalks um three-story houses um originally uh that have all largely been converted to

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multi-unit for decades um all of the new construction that's operating as infill

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up and down the street is um large multi-units um and there's lots of construction in the area

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so basically 40th street in the last um city plan because we're um a transportation hub we're we're

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right off of lancaster avenue and lancaster avenue has trolleys buses and is also of course near the

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40th street market subway we're um being basically you know in the new city plan kind of treated as

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a more dense area of apartments. So my house, I bought it in 2002, looking like this. And I have

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worked on it continuously, slowly, as I've had the money, but I've lived in it since this time,

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when the adjoining property, you know, was torn down, I was able to purchase the lot and put in

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a bunch of apple trees. And I plan to hold that long-term and we'll never build on it.

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As you all know, this was, this presentation was made for my neighbors. So you already know this,

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nothing about my house is changing. There's just, you know, new, new requirements being made.

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