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Hearing video

ZBA Hearing - May 7, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 7, 20255h 57m

Thank you.

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Good morning. My name is Bill Bergman and I will be chairing this morning ZBA hearings. With me is our Vice Chair Ismail Shahid. Present Mr. Chairman. Our Board Member Cheryl L. Gaston. Present Mr. Chairman. Our Board Member Tanetta Graham. Present Mr. Chairman. Our Board Member Michael Johns. Michael should be on it very shortly. And our Board Member Taya Nguyen. Present Mr. Chairman.

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Also present is our attorney, Ryan McSherry, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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Recording of this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name, then wait to be sworn in.

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Once you've been sworn in place, please state your name each time before beginning your testimony.

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Any person may enter their appearance.

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They become an interested party to a case.

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There are three ways to enter your appearance.

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You've got to identify the case property address on your Zoom webinar.

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You can see a staff member or you can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the address for the property of the appeal case.

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The following guidance is for our remote attendees.

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When directed by the chair, you must raise your virtual hand in order to be recognized.

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If you're called to testify, you must be prompted to join as a panelist.

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Please accept the request and turn near camera.

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The webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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If you're participating by phone, press star 9 to raise your hand and star 6 to unmute.

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For in-person attendees, please refrain from talking, eating, or drinking.

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Verbal and physical restrooms are not tolerated.

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Restrooms are across from the elevators.

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Water fountains are just down the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and our court reporter.

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In the event of an emergency, please follow the directions given over the public address system or by the staff.

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The main exit is through the double doors at the rear.

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The nearest stairwell is to the left of the outside doors.

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In case of an evacuation, the rally point is at Love Park directly across March Street.

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Please remain there so we can account for you.

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Let's look at our schedule for this morning.

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number two mi 2024 002932 5625 thomas street cianni oliver is the listed owner applicant

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this is the third listing with no exhibits council member gauthier has requested a

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continuance because the rco has not been meeting has not occurred cianni oliver

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good morning mr chair this is jason hand i will be your co-host for the session

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i do not see any hands raised for the matter and the individual question is not present

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virtually thank you so this is the third listing so mi2024 002 932 5625 thomas avenue i vote to

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dismiss. Cheryl Gaston,

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my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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My vote is to dismiss. Ishmael Shahid, my vote is to dismiss.

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Thank you. Number 11, MI 2024,

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007-418-1512

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Cambridge Street, that case is continued.

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Number 13, MI

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20, 25, 0, 0, 0, 0, 2, 4, 19, 25, West Summer Street, Somerset Street. That case is continued.

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And number 14, MI 20, 25, 0, 0, 0, 0, 2, 5, 66, 17, Algar Street. That case is continued.

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Are there any other requests for continuances?

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Are there any other requests for continuances?

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Yeah, I do not see any further hands raised for continuances.

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Okay, so we have a few cases with no exhibits.

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Number four, MI 2024-004-848-1301 East Westmoreland Street.

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E.B. Riaz-Alazabal is the listed applicant.

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This is the second listing. We have no exhibits.

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I do not see any hands raised for the matter, Mr. Chair.

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Thank you. This is the second listing with no exhibits.

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So MI 2024-004-848-301 East West Moreland Street, I vote to dismiss.

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Cheryl Gaston, my vote is to dismiss.

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Tanetta Graham, my vote is to dismiss.

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Iowan, my vote is to dismiss.

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Ishmael Shaheed, my vote is to dismiss.

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Number seven, MI 2024, 007-406-5907 Urjic Street.

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Devin Upta is the attorney.

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This is the first listing.

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We have no exhibits.

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Mr. Chair, I promoted him here.

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We'll be coming back in shortly.

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Good morning, Mr. Chair.

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I emailed my constituents for plus in this morning for 5907 Urjic.

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Okay, so this is the first listing. So MI 2024-007-406-5907 Urgex Street. This case is continued to 10-15-25 at 9.30 a.m. Thank you, counsel.

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And number 15, MI2025, 00028, 4000 North Fairhill Street.

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Fannie Renesso is the listed applicant.

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The listed owner is Nori Deepkland.

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This is a request. We have not received a written request for the withdrawal yet. Are any of the owners in the audience?

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Mr. Chair, no hands are raised for the matter.

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Okay, so MI 2025-00028, 4000 North Fairhill Street. That case will be continued. Mark must be heard to 10-15-25.

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yeah yeah yeah sorry there yep you should have anyway okay so we're going to go to number six

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am i oh i'm sorry here's our add-ons

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number one mi 2024 003 740 13 24 to 26 each pet shunk avenue the vote in this matter has

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been rescheduled to wednesday may 21st at 8 30 a.m number two mi 2024 007 299 609 annon street

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the vote in this matter has been rescheduled to wednesday may 14th at 9 30 a.m

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number three mi 2024 007 301 101 88 busselton avenue i vote no

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Cheryl Gaston, my vote is no

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Ishmael Shaheed, my vote is no

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Taya there

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Taya

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You're on mute

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I hit the button twice, sorry

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My vote is no as well

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Taya went, my vote is no

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Thank you

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Number four, MI-2025-001-558-2308-St. Albans Street.

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I vote to dismiss.

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Dismiss for failure to state any grounds on which the appeal could be granted.

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Request to transfer this matter to the Board of License and Inspection Review is denied.

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Cheryl Gaston, my vote is to dismiss with proviso.

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Taya, my vote is no with proviso. Taya, my vote is no with proviso.

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It's actually dismissed.

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Ishmael Shaheed, my vote is dismissed with proviso.

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Taya, you might have to say that again.

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Taya, when my vote is to dismiss with proviso.

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Thank you.

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Number five, MI 2024-007-327-714 North 43rd Street, I vote yes.

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Number five, MI 2024-007-327.

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Cheryl Gaston, my vote is yes.

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Eoin, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Number six, MI 2024-007-354-1432 South 49th Street,

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The vote in this matter has been moved to Wednesday, May 14th at 9.30 a.m.

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And number seven, MI 2024-006-108-1827 North 22nd Street.

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This is a re-vote.

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I vote yes. Proviso. Maximum three dwelling units, commercial trash pickup, interior trash storage, no household living in the basement.

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Cheryl Gaston, my vote is yes with Proviso.

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Tynetta Graham, my vote is yes with Proviso.

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Ellen, my vote is yes with Proviso.

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Thank you. We're going to go to our regular list. We're going to go to number six first.

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MI 2024-007-373-2215, Rittenhouse Square.

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Jeffrey Mallins is the owner applicant.

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This is the pro se.

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Good morning, Mr. Mallins.

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Take a seat.

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Make sure the mic is on.

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Push the button and get it close to you.

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Hello, hello, hello.

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Very good.

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Could you please state your name and spell it for the court sonographer?

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My name is Jeffrey Mallins, M-A-L-I-N-S.

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I am the owner of 2215 Rittenhouse Square.

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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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This application is for the erection of a roof deck at the third floor facing Latimer Street on the existing attached building for use as a single-family household living.

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A roof deck must be set back five feet from the front building line, whereas the proposed roof deck has no setback from the front line.

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There is a letter of non-opposition from the Center City Residents Association.

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There's also a letter from a neighbor and a petition of support signed by six neighbors.

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

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Good morning, sir.

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Have you emailed in all the required documents and exhibits that's needed to proceed with

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this case five days in advance of this hearing?

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I have, sir.

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Thank you.

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You may proceed and share your screen.

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Okay.

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I don't see.

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There's a green button.

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It should be promoted.

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Okay, so you can start your presentation.

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So these are the documents that I submitted.

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The roof deck is on the, and I can show a photo, on top of the second floor, kind of aligned with the third floor, on the rear of our home that faces Latimer Street.

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um the proposal extends all the way to the property line but the there is a five foot setback

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from i mean all the way to the building face but there's a five foot setback

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from the property line to the building space they're also because the houses on either side

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extend forward there's really no visible sight line to the deck from the alley it's completely

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um sort of enclosed and i have signatures from anyone who could see the deck um via the sight

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line from their home there also are many many other decks with no setback on the alley

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the part of the reason for requesting no setback is that there is an original chimney to the

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building right in the middle of the deck and below is an original fireplace that we use and

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we really don't want to modify the chimney but if there was a setback

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the chimney but if there was a setback um the deck would be it would be cut off on this side

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um

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and we have to have access stairs on the other side so it would really be kind of a very small

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area um so my request to this board is for a an exception to this um i don't because the

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wall is set back from the property line and there's a parking spot it's we think it's a

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minimum safety hazard because if anything falls off it won't go onto a sidewalk it won't go into

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any public space it will be on our property where there's a you know a parking space which makes it

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inaccessible to the public um

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and then last i bring up a letter from our 93 year old neighbor helen druitt who has been here

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on the block for many many decades and she says i support it you must have it

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um so i no one on my block argues with helen ever um and this is on top of the second floor

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this is on top this is on top the second floor sir right and then there's a deck on the third

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floor there is no deck on the third floor oh i see it the neighbors have decks on the third floor

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but ours is on the second floor okay good questions from the board

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questions smart attorney ryan mcsherry no chair questions or comments from the virtual audience

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do not see any hands mr chair planning commission

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amy boyd with the planning commission

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

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i do please proceed the comprehensive plan recommends no change in zoning to the existing

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multi-family residential r1 the proposed roof deck is consistent with properties on this block

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face of latino street and will not injure the use of adjoining properties moreover the appellant

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has demonstrated that the unique roofline configuration and structures relation to the

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property line causes a unique physical condition in which the property cannot meet the zoning code

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the planning commission recommends that the board grant their requested variance for roof deck set

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back thank you mi 2024 007 373 2215 rittenhouse square i vote yes

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Cheryl Gaston, my vote is yes

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Teneda Graham, my vote is yes

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Aowyn, my vote is yes

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Ishmael Shahid, my vote is yes

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Thank you

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You have your vote

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Thank you very much

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Number 10

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MI 2024

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007-415-706

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Chestnut Street

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there's a letter of non-opposition from council member squilla

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there's unanimous non-opposition from washington square west

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could you please state your name and spell for the court stenographer

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you got to turn on hi good morning andrea solomon a-n-d-r-e-a-s-a-l-o-m-o-n do you

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swear or affirm to tell the truth the whole truth and nothing but the truth i do um could you

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identify your client and the relationship to the property absolutely um my client is d-y-p-a

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