civus
Hearing video

ZBA Hearing - September 2, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Sep 2, 20205h 34m

in and you come in over the pavement. When you leave the basement, the pavement, there are two

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steps, three steps there, but they're all way close to the pavement. This door, the space in

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between this door and the first step is 12 feet all right move it to the next one

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go to another one

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stay in the face stay stay with the house okay can you see that one

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no not yet what now no we just see the line across the street screen

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so did you hit share screen come out go back in and try it again okay

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i don't think they saw that one show them that one

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share all right i'm gonna share this one with you got it we got it we got it now thank you

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okay that is uh when you come into the basement right here on here begins the the alleyway between

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the two houses but in the bigger part on this side i put a window there i put that there a

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couple of years before five years ago when i opened that front but that's a window that's

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30 inches off the ground a full-size window and i did that to bring light in so it didn't look

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like i didn't want it to look like a basement when i was doing the last project do that

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i'm gonna do another picture yeah

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can you show me art can you show me art but can you see the pictures no we're having the same

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problem go back out again and try coming back in okay sure

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i don't know do the uh do you see this one already

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no it's just a line across the screen all right i do it again

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you should have been practicing on this one that's okay it's wonderful

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all right so i'm gonna share this one see this one okay okay that's the back

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okay that's the back that's if you go from the front door straight all the way back to 74 feet

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that's if you go from the front door straight all the way back to 74 feet

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that's the back door to the back and then i have a window here with a with the uh

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air vent in it and then i just have the the washer machine that i'm going to use later on go ahead

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she said go ahead and come back in leave leave me did you leave

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okay now can you see the window yes ma'am uh that's the base the window i just showed you

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this is the window from the outside right and that's the this part you see right here uh here

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that's steps from the window so you didn't have to come out the window and be in a hole

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you come out the window and it's straight up everything is straight up all right let's do the

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next one do the back do the yard i want to show the yard

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you have the line across the screen again okay she's gonna pick it go ahead that's the front

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she already saw that

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see that one yes we do okay that is two doors away that's my my uh the building where

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i'm going to put the date where i want to put the daycare is two doors this to the left right here

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this is my building this is an apartment building there's no access to the yard from the building

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itself but uh i redid again i did this a couple of years ago uh i made this a nice little sitting

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yard and that was for the community to use it if they wanted to have a cookout because most of

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these houses are row houses and I had this lot this lot is 30 feet wide and 40 feet deep and I

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had that lot sitting there growing weeds so I redid it so that the neighbor the community could

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get some use out of it and if I get the daycare I want to be able to let the children play in

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there on their little recess period go to the next one is that a different address yeah that's

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just two doors down yeah that's my property but it's two doors down yeah that's that's my property

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but this is 430 uh this is two doors down that's 28 there's 30 and 32 and then this is my property

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and the address on if you looked at the real address on this yard property is 5300 west minister

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i'm a little confused why you're showing us two different properties the application is for

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yeah 428 north 53rd yeah no we had that for if you wanted to know like the last time we went to

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the zba meeting they wanted to know where the kids were going to play but you didn't want to know

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that part okay all right talk about the plan all right now i'm going to look at the plan you see

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the plan itself yeah okay there's the plan this is where you come in on the right hand side where

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the corner there okay you come in on the right hand side here from 53rd street and you come into

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the daycare uh this this right in here is a little area for the desk and then you know like a little

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entry uh room for to take people in and talk to people and all right over here is a uh going to

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be a little powder room for adults in case somebody comes in and wants to use the toilet

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or the staff. I don't like the staff to use the same toilet as the children. I didn't

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do that as a school principal. I didn't let anybody use the children's toilet. Now you

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come right in here. This is a play area for the children. How do you do that?

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all right that's good now that's good now that's that's the play area for the children

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uh he's this is this my architect has this listed as uh play area number three he says can house

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three children for whatever maybe reading the book or playing in the sandbox over here is a larger

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play area for the children this is 200 square feet he said would house five children that would be

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for another activity room to do painting or whatever we do in that the activity area then

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you go down farther here's yet another larger activity uh child area and he says that could

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house five children so you could have three different activities going on at one time or

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activities going on at one time, or you can bring your children together and do a reading session

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can bring your children together and do a reading session.

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or a presentation or anything like that. Then you go to the back. Right in this area here,

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this would be the utility area for the microwave and the refrigerator. And I would have some kind

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of a washing machine so that we didn't have soil clothes in the area. And then you go out the back

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door to the backyard now my intention was not to use the backyard for anything except escape

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because my air conditioner is back there and also uh there is access to the first floor from

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to the backyard you have any questions there

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not yet uh any questions from the board no yeah you know

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is there anyone else who wishes to testify in this case if so please raise your hand

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no hands at this time chair

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planning commission mr chairman and members of the board this property is indicated for

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residential single-family use in the city's comprehensive plan we believe this use does

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not pose any negative impacts on the surrounding area accordingly we have no objection to granting

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this variance thank you calendar number three nine zero two three four two eight north 53rd street

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my vote is yes my vote is yes my vote is yes my vote is yes thank you uh thank you miss cartwright

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And thank you so much. Thank all the members of the board and everybody for putting up with us.

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Ms. Cartwright, this is Sharon Slitt. I apologize for the confusion on the continuance.

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Yeah, on behalf of the board, we all apologize.

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Okay.

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Sharon, Sharon, Sharon.

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I have an announcement before we begin with the other cases regarding MI-2020-000772, 1905 Spruce Street.

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An appeal was heard yesterday and was held for discussion in executive session this morning.

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Following the hearing, we heard from a number of members of the public who were unable to participate.

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this despite being present we have therefore decided to reopen the record

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and resume the hearing to receive community feedback

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on september the 30th at 2 p.m september the 30th at 2 p.m

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uh i think with that uh sharon unless i'm mistaken we can proceed with the

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1932 north 4th street yes uh calendar number 39651 1932 north 4th street and i know that

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rachel pritzker is um here i'm not sure sloan folks i believe was also going to come back

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and um comment on any progress that was made i'm not certain if he is here

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he was we see rachel is uh mr fulks available

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no chair he's not here all right let's proceed with rachel and then uh maybe he'll be on before

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we're done all right rachel do you swear in front to tell the truth the whole truth and nothing but

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the truth? Yes. Okay. I'm trying to call Sloan to help you out. All right. Hey, are you able to log

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into the zoning board that are now doing this case and wanted to have you speak on the record?

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Okay, thank you. Okay, thank you. Okay, he's jumping on. So just for the record, Rachel,

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r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r pritzker law group 1635 market suite 1600

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philadelphia pa 19103 this case was heard two weeks ago and if you'd like i can refresh you on

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what this case was about i don't it's been a minute brief description okay um this was for

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the new construction of a triplex in, let's see, here we go, in North Square on 4th Street. Again,

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it was an oddly shaped site, so we had generated a refusal for use and for rear yard, although we

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did explain that we are providing more than a nine-foot rear yard. We just had designed the

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Design the building in a way to sort of hug the curb given the significant amount of vacancy on this block

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building in a way to sort of hug the curb, given the significant amount of vacancy on this block.

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There's also precedent for other

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multifamily on this block that this board has approved previously

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I did go through an explanation of how this aligns with the comprehensive plan and that they're looking to support

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4th Street and 5th Street and also North American Street

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And so we had met with the community. We had two meetings with them in which

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they were looking for affordable units these are affordable units we also changed part of

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the facade on the one side near houston street as you can see in this photo they were concerned with

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given the amount of vacancy over here they wanted a nicer material on this side which we were happy

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to do we worked with the council office to try and come to some sort of a common ground for

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support we they were they asked us for a continuance

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we then continued this again and we didn't hear anything from the

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community so i believe that sloan can probably better speak to

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those discussions on the record that i can but at this point we

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ask that you know this be approved and that

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we're able to move forward with this just to bring up sort of

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for the planning commission um let's see here's sort of how it aligns with the 2035 comprehensive

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plan as you can see they sort of recommend higher density in this area you can see where our

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property is is where the star is again they're trying to build up fourth street and fifth street

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and north american street um so this aligns and it's probably why this board has approved

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multifamily on this block. I can kind of quickly go through the other properties that have been

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approved by this board on RSA 5 properties, as you can see on your screen, all on North 4th Street

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within a stone's throw from this site. So again, I think we had just put it on pause

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to give the community another chance to participate and see how we could work

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with them and and you know here we are we do have Sloan folks available at this

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sorry um rachel are you are you are you finished yeah i'm happy to have sloan speak okay mr folks

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uh good morning uh chairman de chico and the zba uh board sloan folks office of councilman sanchez

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508 city room 508 city hall um when i want to say you swear in the firm to tell the truth

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the whole truth, nothing but the truth. Yes, I do. Thank you. Please proceed. When last we spoke

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two weeks ago, our office submitted a letter asking for a two-week hearing hold so that the

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community and the applicant could re-engage. They had been working towards a resolution regarding

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this issue. The community had spoken briefly with the applicant. Unfortunately over the last two

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weeks our office has reached out to the community RCO. We haven't gotten a response from them

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regarding a follow-up meeting. We find that very unfortunate and we just asked the ZBA

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proceed, you know, with their process.

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Thank you.

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Anyone else who wishes to testify on this matter, please raise your hand.

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no hands chair thank you planning commission mr chairman and members of the board this

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property is indicated for residential multi-family use in the city's comprehensive plan we have no

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objection to multi-family here but we do request the proposal to reduce the number of units number

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dwelling units thank you calendar number three nine six five one one nine three two north

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fourth street my vote is yes my vote is yes my vote is yes my vote is yes thank you

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my vote is yes my vote is yes thank you thank you do we have any unfinished business

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is this on this session i think that's it yeah nothing for me

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okay thank you all see you back here at two o'clock stay safe thank you

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Thank you. Good afternoon, everyone. My name is Frank DiCicco. I'm the chair of the Zoning

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Board of Adjustment. I'll be participating in today's hearing along with Confessor Plaza,

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our board secretary, and board members, Mr. Thomas Holloman and Mr. James Snell.

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Board Administrator Tanya Sunkit and board attorney Sharon Saleta are also in attendance.

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For those of you who haven't yet participated in one of our virtual hearings,

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I'll go through some of the basics of what you can expect.

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First, we will begin this afternoon session by reading a list of content of cases to be continued.

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If you believe that any announced case is being continued in error,

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we will give you an opportunity to respond. After reading the continuance list and receiving any

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feedback, we will take any additional continuance request and or withdrawal

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request. Then once we've confirmed which hearings are being continued, Mr. Plaza

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will begin calling the remaining cases for the list listed for this session.

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When a case is called, we ask that attorneys representing applicants or

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other interested parties in the matter identify themselves for the record. We

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then hear the applicant's presentation followed by any presentation by attorneys representing

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other parties. Interested parties and members of the public not represented by council

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will then be given an opportunity to testify. We will finally hear the recommendation of the

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Planning Commission. At the hearing's conclusion we will either vote the matter immediately or

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hold it for discussion and executive session. Any case held for discussion will be voted at

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the next scheduled Wednesday session. Please note the following changes

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related to the virtual format. First, we will be administering oaths to

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individual participants prior to their testimony. Second, for the benefit of

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anyone participating by phone, we ask that attorneys and witnesses identify

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themselves prior to speaking or testifying. Third, we'd like to advise

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everyone that this proceeding is being recorded and that by participating you

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acknowledge your agreement to be recorded. Fourth, for anyone participating

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by phone, if you wish to testify, you must raise your hand by hitting star nine

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and then star six to unmute yourself. I'll repeat, for anyone participating by

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phone, if you wish to testify, you must raise your hand by hitting star nine and

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then star six to unmute yourself. Finally, to enter an appearance statement, call Google 267-270-5548

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and leave your email address and the address of the property at issue. I'll repeat that as well.

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to enter an appearance statement call google 267-270-5548

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and leave your email address and the address of the property at issue

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that being said we can begin but before our secretary mr plaza calls our first case

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we'd like to announce that the following matters are being continued

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MI-2020-000868, 2054 North 2nd Street, MI-2020-000738, 2701 Ellsworth Street, MI-2020-000832

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1700-06 Howard Street, calendar number 39322, 1739 West Oxford Street. If anyone

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believes that any of those cases were called an error please raise your hand

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or if you wish to request a continuance or withdrawal please raise your hand at

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this time also no hands chair thank you with that I'll ask mr. plaza to read the

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Thank you. With that, I will ask Mr. Plaza to read the first case to be heard.

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first case

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Okay. MI-2020-000861-631-East Thompson Street, Adam Nockamson.

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Hello. Good afternoon. It's Alan Ockamson.

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Good afternoon, Alan. Alan, you swear and affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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

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