civus
Hearing video

ZBA Hearing - July 13, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 13, 20225h 14m

the brick is an interesting rendition of a pride of lions. This is the showing from the playground

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area. The playground equipment is all natural materials, wood and the like. Some of the

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playground is man-made materials so that it's soft. What we're looking at is the side of the

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classroom. You'll see there's some color added to make some interesting parts. This is where

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the students would enter the building. This is I believe this is the Atwood side

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showing an interesting rather than blank set of windows.

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This is a copy of our Notice of Refusal and Referral. I'll go through them briefly,

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starting with the second one down. This is, as I said, an RSA zoning district. However,

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the school that was here was here for 100 years, and we believe that one, we qualify

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for a special exception if a new one were required. But having been a school and there

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had been no abandonment of that, we were entitled to a pass on this as a non-conforming pre-existing

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lawful use. One of the first one listed here has to do with the size of the fences.

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our fences are six foot in height the state type fencing and for security reasons they

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must be six feet in height the third listed refusal has to do with the height of the building

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as a residential district as you know the maximum height is 38 feet and we have proposed 45 feet

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However, the original building was 55 feet in height, and so this is actually bringing it more into conformity than it has been.

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With regard to parking, technically 83 off-street parking spaces would be required, but the school district has determined that 33 spaces are sufficient for staff, and therefore we're not going to provide any more.

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There's no reason for more macadam than is necessary.

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In addition, the code requires two electric vehicle parking spaces, and the district has chosen not to provide those.

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Lastly, eight bicycle spaces are required.

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While there are none on the plans, there will be a handsome number more than those provided when the building is built.

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So we filed our application for appeal along with our PIF.

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We sent notice to the RCOs that included our refusal.

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Then we sent notice when the neighbors of this area were chosen as the RCO.

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we sent a letter to the neighbors as required. We have a letter of non-opposition from the

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Neighbors of Overbook Association 19151 and we also attached for your interest the comments from

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the CDR committee staff which we think are very positive of the design here and of the

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functionality of the building. We have completed the CDR process and I imagine a letter will be forthcoming.

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process and I imagine a letter will be forthcoming. Mr. Chairman that concludes my presentation.

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We ask that we be granted the variances and the special exception

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as outlined in the notice of refusal and we're prepared to answer any questions.

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uh questions from the board no mr chairman no no no questions or comments from the virtual audience

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chair i see no hands at this time planning commission thank you chair bergman members

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of the board ian hegarty for the philadelphia city planning commission the comprehensive plan

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recommends no change to the existing zoning on the site however um as council has demonstrated

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the proposed use and dimensions are consistent with the long-standing use of this property as

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an educational facility in this community city planning commission recommends that the board

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grant these variances thank you mi 2022 002 824 65 23 to 43 lansdale avenue i vote yes

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Thomas Tollman, 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, Mr. Sklaroff

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Thank you, Mr. Chairman, members of the board

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Have a great rest of your day

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Thank you

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Number 15, MI 2022-003-158-89 Bethlehem Pike

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Henry Clinton is the attorney

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letter of support from the Chestnut Hill Community Association.

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Good morning, Mr. Klemens. You've already been sworn. Could you identify your client

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and the relationship to the property? Sure. I have two clients, husband and wife,

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Amanda and Arthur DeBruc, that's D-E capital B-R-U-C, and Amanda is on the call with me.

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okay um our our board secretary has a few questions

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page

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yes do you agree to weigh the refusal to stimulate to its accuracy i do did you email the exhibits

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and documents required such as proof of insurance approval ownership tax clearance copy of

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refusal or referral pictures and drawings of the property within five days of this hearing

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did you meet with rco and you have your letter yes to all the above please proceed please proceed

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Good morning, Mr. Chairman, members of the board, Henry Clinton, on behalf of an LLC,

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Maison Bouc, owned by Arthur and Amanda de Bruc, and Amanda, as I indicated, is on the

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call. This concerns the installation of a freezer at the rear of the building that they

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intend to lease for an authentic French cafe. Mr. Mrs. DeBrooke moved here to the States about 10

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years ago. They had a successful authentic French cafe in Georgia and they want to replicate and

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duplicate that model here in Philadelphia. This is my presentation package containing exhibits AA

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through A12. I'll walk through each document. Certainly the key document here is the refusal.

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We really only have one issue.

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We don't have any issues with regard to use or zoning.

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We have one dimensional issue indicating that the minimum rear yard depth is nine feet and it's proposed three feet.

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It's really a bit of a misnomer here.

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We still have a nine foot rear yard, but as I will show you with photographs, because the size of the freezer is six feet by six feet in dimension,

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Obviously, the L&I examiner looked at the length that the box is protruding from the

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rear of the property, and since there's only three feet remaining between the end of the

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box and the fence line or the property line, it resulted in the refusal.

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But as you will see from the photographs, the box, the freezer box does not take up the

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entirety of the rear yard.

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As you mentioned, Mr. Chairman, Chestnut Hill Community Association did vet this project

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in three different public meetings, and they have a letter of support in the package.

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We also have letters of support from 11 individual property owners, which are the majority of

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the individuals who surround this property, as well as a letter from a large property

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as well as a letter from a large property owner in the neighborhood Berman properties who own

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the owner in the neighborhood.

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10 properties near near this site as well as 12 buildings near the site so I'm not going to go

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through each letter but they are all attached and then I'll go move on to the photographs

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the top left you'll see a photograph an aerial photograph the yellow area is the outline of the

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parcel itself you can see within that is situated uh the proposed cafe the front of the building

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is to the right the side of the building is the next photograph where my cursor is and then the

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key photograph is right here where my cursor is now located the rear of the building uh this is

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the delivery door and an employee access and the the freezer will be basically where uh the window

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opening is right now or jealousy window in this location that's what it looks like now where my

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cursor is and the proposal is the walk-in cooler location will be right here so you can still see

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that there is distance between the edge of the cooler and the fence as well as to the side of

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the building and to the other side so it's not taking up the entire dimension of the neighborhood

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of the yard. One thing I neglected to mention is

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one of the provisors that Chesson Hill

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Civic Association requested is that the applicant, Amanda

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and her husband, Arthur, make their best effort to find a cooler unit with a

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detached compressor. And if this is not available, that a baffle

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should be installed on the unit so that the noise level is acceptable

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to new neighbors. And my clients are certainly willing to do that. They hired

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an acoustical engineer who looked at the sound levels and the frequency of operation.

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He basically determined that the operation of the core is about the same noise level

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as a typical HVA unit to serve this property.

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So what follows is the letters of support from the majority of the near neighbors,

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more than the majority, frankly.

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that's the letter from bowman properties the majority landowner

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in these letters of support this is our notice to the community and again just some photographs

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to give you some perspective on bethlehem pike as well as the other surrounding properties

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and again the unit will be installed to the rear of the building

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and this would be the key photograph again here the rear of the building this is the employee

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entrance the delivery entrance and where the glass blocks are I said jealousy but glass block

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this will be covered over and the unit will between be between the HVAC unit

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AND THE DOOR APPROXIMATELY SIX WIDE BY SIX DEEP.

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SOME INTERIOR PHOTOGRAPHS TO SHOW YOU THAT THE PROPERTY IS UNDER RENOVATION AND HOPEFULLY

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THE BOARD WILL LOOK KINDLY UPON THE APPLICATION AND THEY GOT AGAIN ONE ADDITIONAL PHOTOGRAPH

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THAT YOU JUST GIVE THE BOARD SOME PERSPECTIVE ON HOW THE FREEZER WILL BE SITUATED THERE WILL

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BE A DOOR HERE SO IF YOU COME OUT THE REAR DOOR YOU'LL EASILY BE ABLE TO ACCESS THE FREEZER

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box which is a necessity for them my clients to move forward with their cafe i want to show the

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board the plans this is the site plan bethlehem pike cafe entrance is here on the side of the

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building and then again the walk-in box will be in the rear of the building the majority of the yard

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is certainly still available and there's a walkway here opening on about three feet to access the

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HVAC unit and any other necessities on the other side of the freezer box

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again some dimensionals on the rear of the property so you can see that we do have space

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ample space to walk behind the unit to get to the 10-foot area on the other side

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and just to show the board this is the interior rendering of what the cafe will look like and

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And again, we did not get any refusals for use or for occupancy or anything of those

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sort.

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The rest of the documents are the typical documents you would see in a presentation.

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Tax clearance, the application for appeal.

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We also have a copy of the relevant pages of the lease, our project information form,

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the zoning map indicating that it is in the CMX2 district.

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Here's a lease indicating that my clients are ready, willing, and able to move forward

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with that cafe uh if the board again looks kindly upon this application uh the hours of operation

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are 8 a.m to 7 p.m we have ample storage in the back for trash um and

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we have ample storage in the back for trash um and we do need this cooler so we can get our

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permits in place and move forward with the cafe so mr clinton do you want to have your testimony

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adopted sure uh mr brooke can you uh unmute yourself and i'll ask you a few questions

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mr brooke can you please unmute yourself and wait for the chair

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

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sure my name is amanda de brook and it's spelled a-m-a-n-d-a-d-e-b-r-u-c

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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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yes i do proceed mr clinton thank you mr chairman mr brook were you with a call when i presented

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your project yes and if you had the opportunity to testify would you adopt my testimony

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testimony as your own and as true and correct? Yes, I would. Thank you very much. Questions from

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the board? No, Mr. Chairman. No, Mr. Chairman. No, Mr. Chairman. Thank you. Questions or comments

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from the virtual audience? Mr. Richardson, please unmute yourself and wait for the chair.

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Morning, Mr. Chair. Good morning, Mr. Richardson. Could you state your name and spell for the court

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reporter yes sir charles richardson from the office of councilwoman cindy bass richardson r-i-c-h-a-r-d-s-o-n

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room 312 city hall do you do you swear or affirm to tell the truth the whole truth and nothing but

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the truth i do proceed councilwoman has no opposition to granting the variance

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thank you very much any other comments from the virtual audience

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planning commission no other hands at this time planning commission thank you chair bergman ian

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hegarty for the philadelphia city planning commission the comprehensive plan recommends

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no change to the existing cmx2 zoning at this location the proposed accessory structure supports

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the primary use and uh we believe it has been designed to minimize impacts on adjoining

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properties so the city planning commission recommends that the board grant this variance

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Thank you. MI-2022-00315E, 89 Bethlehem Pike, 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, Mr. Clinton.

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Thank you, Mr. Chairman. Have a great day, everyone.

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Okay. Number five, MI2020-002-336-2222 North Front Street. Leo Mulvihill is the attorney.

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And a letter of support from NARS Square Community Alliance.

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Chair, Mr. Mulvihill is coming back in as a panelist now.

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okay good morning chairman members of the board hi mr mobile state your name is spelled for the

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court reporter please certainly it's leo l-e-o last name mulvihill m as in michael u-l v as in

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victor i h-i-l-l right right do you swear a firm to tell the truth the whole truth nothing but the

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truth i do uh so mr mulvihill before we start um you're you and you have another case which is

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mi2022-001-061 2322 north district mr mobile hill we're going to continue that case

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oh what's the reasoning for that one well i i we did not get the documents until yesterday

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i see my apologies for that that's not a formidable so we'll continue that you'll

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be in touch so let's let's go back to this case that you have here on 2220 north front

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all right so members of the board i'm here today on behalf of the applicant 20 could you identify

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who the applicant is oh of course so the applicant in this case is 2319 amber street llc

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principal of that mr chair i'll get you and our vice our our board secretary has a few questions

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Yes.

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Go ahead, Ish.

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Yes.

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So do you agree to waive the refusal and stipulate to its accuracy?

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I do.

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Did you email all the exhibits and documents as required, proof of ownership, tax clearance,

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copy of refusal and referral, or referral, pictures and drawings of the property for

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the five days of this hearing, and did you meet with RCO and you have your letter?

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Yes please proceed great thank you so members of the board I should be showing my screen

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great thank you so members of the board i should be showing my screen i'm here today on behalf of

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I'm here today on behalf of two three

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2319 amber street llc for the property at 22 22 to 24 north front street in my table of contents

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which i have on the screen now i have our original application refusal on appeal at page one our

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petition for leave to amend as we changed our application at page seven letter granting leave

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from the board at 8, a revised refusal at 9, area zoning maps at 10, deed at 13, commercial activity

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at 21, tax clearance at 22, notification at 24, letter of support from the RCO at 27, photos of

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the property at 29, plans at 41. So members of the board, we had originally, as you see, this is a

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rather old application under the Hanson system back in 2020. We had originally submitted an

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application and i'll go to the prior refusal as you can see it was received march 11 2020

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we have received we had received the refusal because we initially put in an application

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for this property which is zone cmx 2.5 at the time we were seeking to have 10 dwelling units

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at this location after meeting preliminarily with the community group which in this case

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was not square. They made the specific request that we actually make this project denser to make

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it more affordable for folks who may be living in the neighborhood. So then what we did is submitted

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an amended application. Again, here's that letter. And we can see also the letter dated May 10, 2021,

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granting us leave to amend the application, at which point we received the attached refusal here

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