civus
Hearing video

ZBA Hearing - August 3, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Aug 3, 20216h 3m

So in my presentation packet, we'll go over the indenture, the deed to the property, which shows

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430 Mifflin Street LLC owns the property. And with me, I have Nathan Cohen, the owner's

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representative. Exhibit number two is the certificate of tax clearance showing that the

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company is in good standing with respect to this property. Exhibit three, we'll go over the

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refusal. Again, no dimensional variances. This is an RSA 5 property. We're simply seeking a use

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variance. Exhibit 4 is our application for appeal that we filed with the ZBA. Exhibit 5 are maps of

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the area. Exhibit 6 are photographs of the property as well as the surrounding area. Exhibit 7 are the

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plans and drawings for this property uh exhibit eight is a petition uh that um you know that we

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circulated actually before the meeting it's been a while uh we filed this this appeal for some time

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ago uh so you know we just want to make sure that the community understood that the people within

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close proximally support this project and you'll see a map of a comparison of the people that we

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had signed the petition um and provide the letters and compare it to actually the sign-in sheet um

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you know unfortunately we didn't you know fortunately we met with the community or members

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of the community unfortunately the people that did attend that meeting were not in favor of this

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project um i believe that there may have been one person in support and the remainder of them

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were not in favor of this project but we did get the sign-in sheet and i wanted to show a comparison

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of where the people who signed in were compared to, you know, who we got in terms of writing

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or signing a petition in support. So, all right. So again, this is a property that's owned by 430

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Mifflin ST LLC, showing clearance in terms of the real estate taxes owed on this property.

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Again, this is an RSA 5 property. The only refusal we have is, you know, for use, we're trying to

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make this into a two-unit condominium building. Again, philosophy in terms of zoning variance

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you know philosophy in terms of zoning variance practice if you walk by the property built as

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practice. If you walk by the property,

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proposed does this stick out like a sore thumb or is this something that kind of fits within the

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fabric of the community as you will see there are other multi-family structures within the facility

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of this property and in actuality the two of them that are most pertinent are the property is are

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the properties to left and right of us which are both multi-family structures our application for

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appeal with the to the zba along with our newest refusal and project information form maps of the

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areas of the area so we're between fourth and fifth street and essentially between siegel and

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hoffman on mifflin so what i i directed my client to do was like we need to know how the people are

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most directly impacted by this project how are they in favor of this project or are they opposed

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to this project. So you'll see through the map that we created, after we'll see the photographs

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first, you'll see that we obtained signatures and letters to support from those individuals.

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So again, here's the front of our property on Mifflin Street, 430 Mifflin Street.

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I went on Google Earth, you know, before the hearing. So Google Earth only goes back as far

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as 2007. But if you went on Google Earth right now on the internet in 2007, this is essentially

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how this property looked so this has been a vacant lot for 15 years and that's part of our

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hardship essentially because no one's been able to build this as a single family structure over

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the course of 15 years we want to do a responsible use my client is a known entity in this area my

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understanding is that maybe a community member or two who are going to who are going to speak on

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his behalf but he has developed this area before responsibly and he's looking to have a form of

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homeownership as a condominium, two units making it more affordable. Mifflin Street to the right

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of the property, Mifflin Street to the left of the property. Again, nearby duplexes, 432 Mifflin

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Street, 428 Mifflin Street, 414 Mifflin Street, 406 Mifflin Street. And again, we did confirm

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that all these uses are legal. We looked at it. That was actually contention when we talked to

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the community at the meeting, they indicated, oh, these uses are not legal. And we actually

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confirmed each and every one of them on Eclipse, there are zoning permits for each of these

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properties. So these are all legal uses, and that's what we're trying to do. So this is the

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type of product that my client would put into the property. He believes in having a good work

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product for his units, again, condominium. But this is an example of the type of work that he's

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done in the past for other projects, and he would use similar materials and quality of workmanship

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as well. Now, our plans and drawings. Again, we have a significant backyard of over 260 square

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feet. If we were overusing this property, you would see the fact that we would have dimensional

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variances, which we have none. If you don't mind, I'm just going to decrease the size so the board

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can see the whole page all at once. And of course, I can increase the page, the size of the page at

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at any moment. So again, just to quickly go through the floor plan, you have unit number one,

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which is an open living area, bedroom, bathroom. We have a lower level, which has a living room

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and a flex area. We see more and more, at least my clients are seeing more and more people are

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working from home and they would like to have more of the non-bedroom use because most people

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are nowadays working from home, and we anticipate how things are going to change over the course of

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time, there's going to be more remote working in Philadelphia and throughout society.

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You go up a flight of steps, second floor, unit two. Now, this is meant for someone who is a young

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couple, maybe even a young family, three bedrooms, three baths. It's a bi-level, second and third

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for us. Each of the units will have trash compactors and they will have ventilated trash

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closets. Again, we're trying to keep in line with the look and feel of the neighborhood. That's why

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my client is proposing to have a red brick facade. Now, this is the map that we created of

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you know the petition and sign in sheets and the uh addresses are for everyone the if you'll see

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or we have so many signatures that you can't even see where we are on mifflin street

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yeah

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yeah so here we are on mifflin street right so i indicated my client said who are the people most

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I indicated my client said, who are the people most directly affected?

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directly affected the people.

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The people to the left of you, to the right of you, and behind you.

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So, and across the street from you in some cases.

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And that's what he did.

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He like really dedicated himself to like get as many people to know about this project

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and be supportive of this project.

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We were actually surprised during the community meeting, you know, the people were against

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it, but you see the, all the light blue, that's, that's, those are the people in support.

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And we'll have, I'll show you the petitions and letters of support.

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The people who, again, I just assumed everyone at the meeting was against it.

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I believe there was one person in support of the project, but we have the sign-in sheet.

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I took a picture of it.

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All the red are the ones who attended the community meeting.

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So as you can see, none of them are within close proximity.

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And I did do a comparison between their addresses and the addresses within the affected area

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that is listed by the Planning Commission.

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only one property fell within the affected area not to say they shouldn't have a voice in their

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own in like these individuals shouldn't have a voice in their own community but only one was

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considered affected by as as noted by the planning commission i'm just going to reduce this so you

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can kind of see that as a whole page but you can see we have 417 mifflin 13030406 437 here's one

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the fifth uh fifth street but 429 hoffman which is behind us uh 15 415 hoffman 403 hoffman 32 hoffman

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424 hoffman 412 hoffman 410 hoffman 406 hoffman 517 527 532 hoffman which is a little further

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away uh and 534 hoffman and then we have all these other people um and i think they may coincide

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but like we have letters to support

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And then here's actually a letter we received from one individual at 426, 433, and 419 Hoffman.

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Now, we did meet with coordinating the RCO, and as you can see, they said that affected addresses, one support, nine opposed,

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And then they said the RCO board voted for against. Again, I took, I can, you know, take, show you the screen of like, I just took a picture of it, but I did do a comparison. None of these people were affected other than one.

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and then they wrote a letter saying uh that it's not justified again this has been a vacant lot

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for over almost at least as far back as 15 years because if you go google maps you look at it

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put 2007 it's exactly in the same condition as it is today so and then here's proof of our mailer

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so i really do think illustratively just all the support that we've received

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But most importantly, if you just look at this, these are the support that we have within the close proximity.

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Not everyone can make it to, this was, by the way, an in-person meeting.

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Some people, you know, I understand some people don't feel comfortable going to in-person meetings.

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So, but really the voice of the people who live in close proximity should be weighed more so than the people who attend the community meeting who are not within the affected area.

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So with that being said, I would be more than happy to take some questions. But before that, I do have Nathan Cohen, the owner of the corporate entity that owns the property on the line, and I would like him to adopt my testimony.

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So, Nathan, if you can virtually raise your hand.

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Take the screen down.

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Oh, yeah. Sorry about that.

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oh and please identify yourself spell spell your full name and i'll swear you in

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yeah nathan cohen n-a-t-h-a-n last name c-o-h-e-n

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we're a firm to tell the truth the whole truth nothing but the truth yes sir thank you mr

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notkinson yeah mr cohen you heard everything i stated today yes sir and is it true and correct

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it is and do you adopt as your own testimony yeah all right okay mr chairman um i do understand

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that there are multiple and maybe multiple individuals who um who want to this uh state

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their support of this project let me ask the board board have any questions no okay

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anyone else would like to testify in this case raise your hand

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No other hands at this time, Mr. Chair.

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Planning Commission.

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Good afternoon, Board.

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Peter Bernard for the Planning Commission.

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This property was part of a remapping in 2019 that changed the zoning from residential multifamily to single family residential.

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This property was part of a remapping in 2019 that changed the zoning.

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There's no unique physical conditions particular to this vacant lot that create a hardship for not developing it to meet the code requirements of the single family zoning, which through the planning process of what the community agreed upon.

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Accordingly, we recommend the requested variance not be granted.

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thank you

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I'm sorry to bother everyone

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but Mr. Freddie Mitchell has

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raised his hand if you want me to allow him to speak

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yeah okay please

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Mr. Mitchell

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yes sir

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please spell your full name and I'll swear you in

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yes sir F-R-E-D-D-I-E

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Mitchell M-I-T-C-H-E-L-L

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tell the truth the whole truth nothing but the truth

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yes sir

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and could you state your interest in this where you live

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I'm on 419, 426, 433 Mifflin.

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I'm a property owner for all three of them.

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Please proceed.

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I just wanted to have everybody understand, since me moving back from the community, I've been around the neighborhood for a while, and I fully support this project going on.

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And it really, really, the community and the block really needs this.

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And I really just wanted to come on and let you understand that, you know, I'm trying to do better things in the community and around.

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And so is Mr. Cohen. And playing with the Philadelphia Eagles, we were really big on community based projects.

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And I really think Mr. Cohen is doing a an amazing job for our street.

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um all of the other people that didn't um approve of this i've never seen them around the community

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and i'm on that street a lot you know i might be uh had and masked up but i'm on that street

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and i really really appreciate mr cohen bringing um something to this uh to this block

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thank you uh sharon in the packet with tanya is there anything from councilman squilla's office

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uh mr chair there is a letter of opposition in the sense of he mimicked the saying that the

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community was the community was opposed like the coordinating rco was opposed to it so

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his office was opposed to it but with that being said again given the amount of like support that

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we have from the immediate neighbors we ask that the board consider the fact that this has been a

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vacant lot as far back as 2007 and has not been developed, and we're trying to responsibly

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develop it as a two-unit condominium. Thank you. MI 2020-003414, 430 Mifflin Street,

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my vote is no. Professor Plaza, my vote is no. Thomas Holloman, my vote is no.

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MI 2020-000384-730 East Allegheny Avenue.

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Joseph Vaccaro is the attorney of record.

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I see a notation.

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We've not yet received exhibits, Sharon.

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I don't have a record of having received them.

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Mr. Vaccaro available.

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also tanya checked the rco mailbox and um didn't have them either

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first listing

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um i don't think so

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i don't see mr vicaro

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No, it's not the first.

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Okay, MI 2020-000384730 East Allegheny Avenue.

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My vote is to dismiss.

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Confessor Plaza, my vote is to dismiss.

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Thomas Holloman, my vote is to dismiss.

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Thank you. Next case, MI 2021-001-004. 8400 East Roosevelt Boulevard, unit number C, letter C, excuse me, like in Charles. It was a letter of support from the Ron Hurst Civic Association.

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Chair, we also have a letter of non-opposition from Councilman O'Neill.

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Thank you.

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Kathy Missimer has been promoted to panelist.

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Thank you.

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Good afternoon.

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Good afternoon.

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Please identify yourself with a record.

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Spell your full name and I'll swear you in.

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Catherine Missimer, it's M as in Mary, I-S-S-I-M-E-R, 1835 Market Street, Suite 1400, 19103.

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Catherine Missimer, it's M as in Mary, I-S-S-I-M-E-R.

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Do you swear for him to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you. Please proceed.

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Have you agreed to wait the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an encrypted packet with the required documents, proof of ownership,

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proof of tax compliance copy of the refusal or referral photos and plans five days prior to this

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hearing yes sir and have you met with the rco and have a letter yes thank you please proceed

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just sharing my screen can everyone see the exhibits yes great thank you as mentioned i'm

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here today on behalf of penny pack associates owner of the property located at 8400 east

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Roosevelt Boulevard. We're here today with an application for the adaptive reuse of an existing

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building at this location to be used as multifamily with 50 units and the reconfiguration of the

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existing parking area to provide one-to-one parking. I have with me today owners representatives

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Mr. Peter DePaul and Patrick Callahan and as you can see from our exhibit packet we do have

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letters of support from both Councilman Brian O'Neill's office as well as the Ron Hurst Civic

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Association. The DePaul Group has operated this location as Harmony Place, an assisted living

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