civus
Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

this project will be utilizing union labor for the construction of the store and this

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store represents my seventh hospital location and we're excited as Rachel alluded to we're just

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over 4,000 square feet and it will officially be the largest Starbucks in the state of Pennsylvania

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thank you questions from the board

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questions or comments from our attorney Hillary Emerson

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Just briefly, Mr. Chair, Rachel, is there a specific, like, suite number or anything that pertains to this use or this lease? I didn't note one in the exhibits.

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Yeah. John, do you know what the suite number might be? I can pull up the lease, which was submitted to the board, but it is.

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Mr. Betts, can you raise your hand again?

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Mr. Betts?

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You've got to mute yourself.

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Yeah, I have it listed as 1000-32 Chestnut Street.

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So I guess what we're saying is first floor entrance?

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Yes, sir.

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Hillary, are you okay with first floor entrance?

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Well, if it's just on the first floor, we can just say first floor.

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Okay.

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Is it all on the first floor, Rachel?

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Yes.

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Every part of it?

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Okay.

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All right, so we can just say use limited to first floor.

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Hillary, it's the former TD Bank, if you're familiar with that area of the city.

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Yes, unfortunately, that won't help very much with L&I in terms of locating where the use is.

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I think first floor is sufficient.

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is is sufficient yeah it basically says 111 south 11th aka uh 1000 to 32 chestnut street

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It basically says 111 South 11th, a.k.a.

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so yeah questions it's fine thank you questions or comments from the virtual audience

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i see no hands here planning commission

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amy boyd with the planning commission the city planning commission rec oh sorry

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The comprehensive plan recommends, though,

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change the existing CMX 5 zoning at this location.

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The appellant has shown that the requested special exemption

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would not cause detrimental impacts beyond what would reasonably be expected.

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The City Planning Commission recommends that the board

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grant the requested special exemption for sit-down, eating, and drinking establishment.

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Thank you.

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MI 2024, 003-971, 1032 Chestnut Street,

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I vote yes, would provide a use limited to first floor.

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Michael Johns, my vote is yes, with proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Sennetta Graham, my vote is yes, with proviso.

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Iowan, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you, counsel.

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Thank you.

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Number nine, MI 2024-003-919-739-North 32nd Street, Mr. Nockmson.

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Good afternoon, Alan Nockmson.

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Mr. Nockmson, could you identify your client or relationship to the property?

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Yes, my client is CGT Group LLC, and in the virtual audience is one of his representatives, Ghazi Ida Sabin.

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Blake Sher has a few questions for you, sir.

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Good afternoon, Counselor. Do you agree to weigh the reading of the refusal or stipulate to his accuracy?

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I do.

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Have you emailed in all the required documents and exhibits that's needed to proceed with this case five days in advance of this hearing?

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Yes, we have.

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thank you council please proceed and share your screen

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all right so i'm here to present 729 uh north uh 39th street this is a this property is in the

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mantua section of philadelphia is between 30 uh it's uh it's uh between all uh excuse me olive

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and Aspen Streets. During my presentation, we'll first review the notice of refusal,

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then the letter of support from the Mantra Civic Association. Then it's not out of character to have

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similarly situated properties. We're seeking to put a triplex here, and there are many instances

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on the 700 block of North 39th Street where there are triplexes. The difference is, and I think the

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community appreciated is the architecture. This project has been designed by Chris Johnson of

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24-7 Design, who's well known in the Mantua and Strawberry Mansion areas, where what he tries to

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do is take the traditional Philadelphia row home look and modernize it. But what you'll see are

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Cornish lines, lintels, flat building facades with brick, where, you know, the other ones that are designed that are on that block, not as nice where you see a lot of those window bays and such, which I think, you know, in the years to come, we'll be disappointed as a community in terms of that architecture.

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Then we'll review an aerial view of the neighborhood, showing where we are and that there are other similarly situated properties nearby.

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Maps of the area, photographs of the property and the surrounding area.

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This has been a vacant lot for some time, as far as we can see.

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Our plans and drawings, our applications for appeal, our deeds of the property, showing that CGT Group LLC is the owner of the property and the Certificate of Tax Clearance.

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Again, at the conclusion of my presentation, I would ask that Mr. Addis Eben virtually raise his hand, be sworn in, and I have a few questions for him.

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So the notice refusal is this.

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We're an RSA 5 property, a decent size of 1,312 square foot lot, and we're looking to put three units on here.

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And what was intentional here was to make sure that they're good-sized units and, you know, you have a unit per floor, so we're not trying to squeeze in a ton of units here.

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kind of light in there front and back of the property and then just a design we do have two

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front and back of the property, and then just a design. We do have two refusals, first of which

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is this is an RSA5 property, and as such, by asking for multifamily use, that's a refusal.

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And then the second is the occupied area, where 75% occupied area is required. We're slightly

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above that. We're at 81.94% occupied area. We're trying to have functional floor plans,

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have roomier units. There is a decent amount of vacant lots in the area. And then the lots that

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are to the right of us, you know, what we're requesting is not greatly more than what they

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already have. So we do have a letter of support from the Mantua Civic Association. Just as a

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matter of background, Mr. Ades-Evan, like, you know, develops a lot of Mantua and has an excellent

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relationship with them. You know, does a lot of community-oriented events and initiatives in

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Mantua, and I think he's a known quantity. And, you know, someone who does work over and over

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again with the community, it's a lot easier to say, hey, we're saying this, and we're going to

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do it. And they're appreciative of that. 700 block of North 39th Street. You know, you see 701

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North 39th Street is a triplex. 717 North 39th Street, again, is a triplex, both by way of

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variance. 723 North 39th Street is also a triplex by way of variance. 725 North 39th Street is also

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a triplex by way of variance. And then 727 North 39th Street is a triplex by way of variance.

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So the three properties, 23, 25, and 27, are triplexes just like us.

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Area view of the property, you can see these are the triplexes that are here.

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They do take a decent amount of occupied area, and they're also triplexes, which that relief was gained by way of variance.

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Then maps of the area, too.

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You can see here where we are between Aspen and Olive Streets on North 39th Street.

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And then you can also see here from a Google Map perspective where we are as well.

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and then photographs of the property and this is what i was saying in terms of these you know bay

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windows projected out windows i mean there is a brick facade but again different type of design

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than what we hope to put here and then this is the property as of 2007 so google earth uh or

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street view only goes as far back as 2007 so this has been a vacant lot for the longest period of

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time just to show that it's been a vacant lot for almost 17 years as a matter of record on the

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internet. And then this is our posting for the property for today's hearing. And then this is

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North 39th Street to the right of their property. And by the way, you can see a ton of like meters

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here showing that there's multifamily nearby. And then this is North 39th Street to the left

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their property. Again, these are the multifamily structures. You can see those meters from four

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meters, meaning three units. And then our plans and drawings, a little bit different than what

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has been built in this neighborhood by some individuals by way of variance. But what we're

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trying to do is have lentils here, have windows that match the traditional Philadelphia architecture,

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have a pronounced cornice line as well.

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And then this is, you know, our site plan in comparison.

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We're only proposing a height of 35 feet.

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You know, we think that's appropriate

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for the three stories that we're asking for.

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And then this is just a site plan

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showing that our property goes slightly above

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what the other properties,

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the property to the right of us is.

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And then these are our floor plans.

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But if you walk into a vestibule area,

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you make a right. This is unit number one, which is 1,701 square feet. And that counts to lower

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level area. Really, these floor plans are like around 900 square feet per floor. But this is a

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two-bedroom, two-bath. And then instead of, and you can see here, if you walk in, there's an ample

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size living room, kitchen. There's two bathrooms, one bathroom here, and then there's a bedroom here.

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And then there's also a bedroom in the back. You go up a flight of steps, same typical floor plan for the unit number two, a whole new floor, nice light and air for the front and the back.

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And again, an ample size livery room and kitchen. And then if you go to the third floor and another two bedroom, two bath, same floor plan as the second floor unit.

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We met with the community on August 15th at 5.30 p.m.

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We emailed that notice two weeks ahead of time along with

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We emailed that notice two weeks ahead of time, along with proof of that notice to the community and the relevant parties.

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And we indicated that we mailed that notice to 161 addresses.

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This is proof of, these are the addresses that we mailed them to.

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This is proof of mailing to those addresses.

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Let's see here, August 1st.

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And then this is a deed to the property showing the CGT group LLC is the owner of the property.

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And this is our certificate of tax clearance showing that my client

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owes no real estate taxes on this property.

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I would ask that Mr. Adeshevan virtually raise his hand and be sworn in.

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Mr. Adeshevan?

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Sir?

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Yes.

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my name is and could you state your name and please spell for the course not yes my name is

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gazi at a seven g-a-z-i the last name is a-t-a-s-e-v-e-n my address is for yeah yes sir

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

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please proceed counsel uh yes mr at a seven you heard everything i had to state today about

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your zoning matter yes i heard that and is it true and correct yes correct and do you adopt

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it as your own testimony yes i will thank you questions from the board

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yes where is this trash stored uh and so for unit number one we have trash storage

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in the rear and for units number two and three there's uh ventilated trash closets for each unit

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i appreciate you showing furniture in the units they're decently laid out so i noticed that

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people tend to show furniture layouts when the units are decently laid out and they don't when

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they're not just a doubt can you just tell you what i get what the architect gives me

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just an observation

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other questions from our comments from the board

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questions or comments from our attorney

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Hillary Emerson.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Amy Wood with the Planning Commission.

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The comprehensive plan recommends no change to the existing single-family residential RSA 5 zoning at this location.

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The proposal for three-family is in keeping with the character of the neighborhood.

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therefore the planning commission recommends

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that the board grant the requested variance

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for three families

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MI 2024-003-919-729-North 39th Street

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I vote yes

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Michael Johns, my vote is yes

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Cheryl Gaston, my vote is yes

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Tana Graham, my vote is yes

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Ty Owen, 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.

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Thank you.

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Have a great day, guys.

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Thank you, counsel.

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I have one more here from number three on their add-ons this morning, or add-ons this afternoon.

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So Ishmael and James Snell will both vote on this.

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So MI 2023-001-286-152-58 Logan Street.

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I vote yes with proviso.

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Her amended refusal dated 8-26-24.

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for. James Snell, my vote is yes with proviso. Thank you. Is there anyone in the audience

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whose 2 p.m. case has not been called? I see the handshare. Five minute break and come

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back and do the 330 list. Thank you, everybody. Thank you, sir.

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's meetings.

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With me is our vice chair, Ismail Shahid.

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Present, Mr. Chair.

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Our board member, James Snell.

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Present, Mr. Chairman.

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Our board member, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Our board member, Tanetta Graham.

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Present, Mr. Chairman.

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board member michael johns president chair and our board member tyah winn

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also here tyah president mr chair oh there she is yeah okay um also here is our attorney

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hillary emerson and our deputy director for planning and zoning kathleen grady

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And our Deputy Director for Planning and Zoning, Kathleen Grady.

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Here's our virtual format.

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The proceedings are being recorded.

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With your participation, you agree to be recorded.

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