civus
Hearing video

ZBA Hearing - April 12, 2023

Philadelphia Zoning Board of Adjustment (ZBA)Apr 12, 20234h 29m

The applicant's hardship is not supported with evidence of unique physical circumstances or conditions of the property that would prevent it from being used in conformance with the van accessible parking requirements of the code.

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City Planning Commission recommends that the zoning board deny the variance.

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Thank you.

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MI 2022-007-101-934-44, Passchalk Avenue.

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I vote yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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Mr. Milfahid, my vote is yes.

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Thank you, Mr. Powell.

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Thank you, Mr. Chairman May.

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Be excused and have a good day.

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You most certainly can, sir.

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Thank you.

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Take care.

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Is there anyone on the 2 p.m. list whose case has not been called?

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I see no hands, Chair.

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Okay, we're going to take a five-minute break and then we're going to come back and we'll get through the 3.30 list.

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Thank you.

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Thank you, Chair.

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Good afternoon. My name is Bill Bergman, and this is the 3.30 list for the Zoning Board hearings.

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Good afternoon.

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My name is Bill Bergman, and this is the 3.30 list.

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With me is our Vice Chair, Ismail Shahid.

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Present, Mr. Chairman.

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Our Board Member, Thomas Holloman.

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Present, Mr. Chairman.

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Our Board Member, James Snell.

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Present, Mr. Chairman.

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Also, Hillary Emerson is our attorney, and our Executive Director is Tanya Sunken. Both are present.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify

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themselves before testifying. If you are participating by phone, if you wish to testify,

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press star 9 to raise your hand and star 6 to unmute. To enter an appearance statement, call

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267-270-5548. Leave your email and the address of the property in question.

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Be advised, these proceedings are being recorded and a video will be available by contacting

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TanyaSunkett at phil.gov. And lastly, the question answer box on the screen is not for

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comments or testimony. All comments should be directed to our Executive Director, Tanya Sunkett.

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Let's look at continuances on this afternoon's list. Number two, MI 2022, 1708 West Erie Avenue.

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There's a request.

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This is a request for continuance.

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That case will be continued.

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And number four, MI 2022-006-562-4229 Otter Street, that case is also being continued.

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Is there anyone who has questions relative to the two cases I announced that are continued?

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I see no handshare.

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Are there any other requests for continuances?

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I see no handshare.

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We're going to go to our list and we're going to start with number three.

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MI 2023-000672-929-North 29th Street.

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Tabaja Anderson is the tenant applicant.

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There's a letter of support from the Fairmount Civic Association, Wood Provisos.

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Chair, they're coming back in as a panelist.

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That's fine.

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Okay.

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good afternoon

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please unmute yourself

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can you hear me now we we can could could you also put on your uh that's perfect perfect

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could you state your name and spell for the court reporter please good afternoon everyone i am

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to Baja Anderson. That's T as in Tom, O-B-I-J-A-H. Last name is Anderson, A-N-D-E-R-S-O-N.

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You swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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

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And I'm going to read that. Let me read this first, Ish. The application is for visitor

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accommodation and existing structure. The proposed use visitor accommodation is prohibited in the

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CMX2 zoning district. Proceed, Ish. Good afternoon, sir. Have you emailed all the required documents

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and exhibits that are needed to proceed with this case five days in advance of this hearing?

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yes i have one uh the cert i actually emailed today so they have everything that they need

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okay thank you please proceed and share your screen all right

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and please just bear with me this is my first time doing this green button at the bottom

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yes so i'm sharing i just want to make sure i'm sharing my desktop

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you guys let me know if you can see we don't see anything yet

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do you see anything now no no the uh green share button at the bottom of your screen

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so i do the share screen and then it's going to ask you to click on your documents to share

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No, I don't see that.

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I see desktop system preferences, mail on-

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Desktop, system preferences, mail, unknown.

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I thought I could potentially share my desktop and then just pull up the documents from here.

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But it's not allowing me.

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I would suggest, like, opening your documents first and then try to share that particular thing.

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Okay.

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Your documents first.

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All right.

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So I have...

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I'm trying this document.

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May I have to open and share your screen?

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This is interesting.

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he's unmuted chair I'm not sure

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Mr. Shillet

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could you unmute

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it's looking like he's having

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like a connection issue

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so he has to go back

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and come back in

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okay

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why don't we

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let's see if he goes right back in

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okay

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All right, why don't we go back to Mr. Anderson, okay?

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MI 2023-006-672-921-North-29th Street.

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Mr. Anderson.

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He's coming back in as the panelist.

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Thank you.

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Mr. Anderson, how are we making out?

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Are you able to hear me now?

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We hear you very well. We need to see your documents.

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Got you. Now, so I'm actually sharing on my job computer to get back on, but I don't have the documents on my job computer. I only have it on my Apple.

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Is there a way because I sent all. I didn't know that you guys would need to see the exact same documents that I have forwarded.

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So on my personal computer, not my job computer, if you guys want to, if there's someone that can go in front of me and I can transfer them to my job computer.

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In this particular case, it's a visitor accommodation.

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I know.

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Well, we're ready for the case.

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I'm just trying to figure out how best way to do this.

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Let me let me try.

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Let me ask you, if we continued this, can we get him in quicker than normal?

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Lakeisha?

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I'm sorry, say that again, Chair?

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If we were to continue this case, can we get him in quicker than putting him way back in the line?

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Yes, Chair, I can work with him.

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But if he just wanted to, like, go from his job computer and just pull up your email, if you sent it to us, so it might just be in your email.

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Yeah, that's what I was thinking.

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Maybe I could just pull up my email, just send it, just forward the email and pull it up.

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All right, give me one second.

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I'll send it to you right now.

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And if we don't just want to put this case on pause, we have the other gentleman available now.

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Okay, no problem. Sorry, the camera backed me out.

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Okay, we'll be right back to you, sir.

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All right, give me one second. It's coming into my job computer, and I apologize. I wasn't aware.

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No, that's okay.

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and sir it should be a green share button at the bottom of your screen okay yep it's coming

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okay are you guys able to see my screen it says you're sharing we need to see what you're putting

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in it now yes okay do you guys do you guys see my screen now the documents we see your we see your

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yep we see your your taxes okay okay so we are applying for a change of use at the property of

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111 East Girard Ave it used to be a hair salon and we want to apply for a restaurant takeout

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restaurant the reason for this hearing is because we needed special permission yeah we have a

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referral here for the departmental license and inspection we also had meetings with our RCOs and

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they had an approval. I believe, I don't know if they sent the letter yet to you, but I have one

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of the letters and here's the vote count that they had. As you can see, 56 supported, eight opposed,

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six recused and abstained. So in majority, they approved our application. Thank you.

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And the reason why we're applying for takeout, because simply the size of the place just doesn't

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suffice for uh dining at 700 total square feet but there's only 600 use 600 usable square feet

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and that wouldn't uh with the concept that we're trying to bring to fish town that wouldn't be

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sufficient for us to have a good uh traffic flow of dining and take out so we run down the take

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He's coming back in as a panelist chair.

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Okay.

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Can you hear me now?

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How do we think we stand?

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Can you hear me now?

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We've heard you. Yes, we hear you.

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All right. Well, thank you guys for bearing with me.

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As I said, this is my first time. I'm not sure which documents you guys want to see, but I'm going to share my screen now.

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All right. Proceed, sir.

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all right all right good doing um so this is from the yeah meeting that we had

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And I was fortunate enough to receive support for the visitor accommodation.

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I just wanted to give a little bit of background just before, unless you want me to show you some very specific exhibits, that's the certification, that's the project form.

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As you stated, the only difference for a visitor accommodation, so intermittent individuals staying in the property. Right now, we have a business license for 30 days or more.

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in this particular property. This is the lease, of course, but this particular property is

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a father's property. He's been a longstanding member of North Philadelphia in the community

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since 1970, and he's been a standing community member of this particular neighborhood since the

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1990s. He is a retired veteran and on a budget, so this particular income would assist him,

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And I have stepped into a system with his property management. He is 80 years old. So the visitor accommodation would allow him to not only supplement his income, but would reduce kind of administration, long-term administration, which includes marketing for new tenants, repair concerns, proceedings for termination of tenants.

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If you guys are aware of the eviction diversion program, he actually had a tenant for a long time that would not leave in another situation, which affected his income.

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So this is a little bit more turnkey for him.

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And some of the other reasons, I've actually operated this particular spot for intermittent since 2017 without any incidents.

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And now I'm just asking for approval based on the ordinance.

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And, of course, I stopped in between since I received the pictures of the property.

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Yes, I do.

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Show me the photos of the property.

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One second.

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Every time I go to touch it.

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There we go.

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Okay.

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Okay. So this is the property on the corner. Okay. And these are the two. Right. Okay. All right. All right. All right. All right. Thank you. Questions from the board?

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No, Chair. No, Chair.

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Questions or comments from the virtual audience?

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I see no handshare.

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Planning Commission.

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Planning Commission.

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This is Ron Bednar, City Planning. Property is indicated for commercial mixed use on the city plan or adopted district plan and recommends no change to the existing zoning at this location. The applicant's hardship is not supported with evidence of unique physical circumstances or condition of the property that would prevent it from being used in conforming with the code requirements. Therefore, we recommend the requested variance not be granted.

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Thank you.

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MI 2023, 000672, 921 North 29th Street. I vote yes, with proviso. Second and third floor apartments only. Temporary variance expires April 13th, 2026.

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Thomas Holloman, 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, Mr. Anderson.

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Thank you, Mr. Anderson.

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Okay, we're going to go.

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Number one, MI 2022, 006361, 7115 Tarsdale Avenue.

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Sean Ward is the attorney.

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Letter of non-opposition from Taconi Civic Association.

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Hi, Mr. Ward. How are you, sir? I'm very well, Mr. Chairman. Good to be with you this afternoon.

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Hope everybody else is well. My name is Sean, S-H-A-W-N, Ward, W-A-R-D, Esquire, Attorney for

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Owner Applicant on 7115 Tarsdale Avenue. You swear a firm to tell the truth, the whole truth,

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nothing but the truth? I most certainly don't. Could you identify your client and the relationship

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to this property? My client is RJN, A-R-J-A-N, Begay, B-E-G-A-J, owner applicant of the premises

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known as 7-1-1-5 Tarsdale Avenue. Our vice chair has just a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusers

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to his accuracy? I most certainly do. Have you emailed all the required documents and exhibits

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that are needed to proceed with this case five days in advance of this hearing? Yes, indeed.

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Thank you much. Please proceed to share your screen. Okay, very well. Mr. Chairman, I've

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submitted my typical exhibit packet for RJN Begay, commonly known as GINO, for the property

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at 7115 Tarsdale Avenue. On the screen now is a copy of the cover sheet. I will blow that up so

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it's more readily available for review. Again, A1 is the notice of refusal. This is an application

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or a permit for business and professional office at the first floor with previously approved two

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