civus
Hearing video

ZBA Hearing - April 12, 2023

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

This is just to provide some context.

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There's a number of awnings, other projecting signs, and this, again, just simply maintains

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the status quo.

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We have full support of the RCO and near neighbors, as well as the bid, the East Pasadena Avenue Business Improvement District.

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Those are those letters are included in the package. And here's the tax clearance.

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With that, I know that a lot of these presentations can be generated more by questions, but we're happy to answer any questions.

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and Mr. Feer is on the line and can adopt.

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Why don't we bring in one and adopt your testimony?

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Yes.

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Mr. Feer, could you raise your virtual hand?

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Sir, please unmute yourself and wait for the chair.

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Good morning.

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Could you state your name, please, and spell for the court reporter?

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yes it's christopher fear that's c-h-r-i-s-t-o-p-h-e-r last name f as in frank e-h-e-r

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

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yes sir proceed counsel okay uh mr fear did you hear the factual statements that i made for the

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record yes sir were they accurate yes sir you adopt them as your testimony i do thank you

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questions from the board no chair questions or comments from the virtual audience

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i see no handshare planning commission thank you sir good morning chair bergman

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and David Fecteau, City Planning Commission.

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The comprehensive plan recommends no change

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to the commercial mixed-use zoning at this location.

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This is a request to legalize an existing non-conforming sign.

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Legalizing this sign will not impair the use of adjacent properties.

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The City Planning Commission recommends that the Board

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grant the use and dimensional variances.

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Thank you.

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MI 2022-006-538-1941, East Pashonk Avenue, I vote 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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Thomas?

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Counselor, you have your three votes.

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Thank you, Chairman. I have no further business.

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Thank you very much.

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Thank you.

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I want to go back to number four.

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MI 2022.

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0-0-6-5-3-6-8-hundred North Carlisle Street, number T1-1-4-3-7-6-4.

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Brandon Saverin is the attorney.

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Recommendation of support from United Francis Civic Association Streets Department.

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Pre-requisite approval is received.

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that we had support of the RCO. Sure, sure. I saw

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the streets department prerequisite approval has been received. Okay, thank you very much.

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I'll share my screen. Firstly, let me say thank you to the board this morning. When the case was

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called, moments before, as I was watching Mr. Harris's presentation, I lost power at my house.

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So that was the delay. That's fine. That's fine. Thank you. So this is the subject property. It will be known simply as 800 North Carlisle Street. The T dash number, number, number that you read, Mr. Chairman, is just a result of a recent consolidation still being completed with the Office of Property Assessment.

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and I'll show you what was consolidated in a moment. So the subject property has been owned

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by the church, who is my client, since 2003. And you see it here, both in an aerial photograph

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and on the Atlas parcel map. It is just off of Broad Street between the following four public

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streets, Brown, Burns, Parrish, and Carlisle streets. And we believe that it has been a

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surface parking lot since at least 1985, as confirmed by aerial images that don't go quite

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that far back, but go to 1996 on Atlas and show it as a parking lot back to 1996. And here is our

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notice of refusal, which has some interesting information on it. I'll actually start at the

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bottom. So it says in the notes to the ZBA that the examiner drafted, firstly, that last year,

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at the end of last year, that we consolidated some lots to create this lot, as I mentioned.

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And then the second note is that in 1985, a three-year temporary variance or certificate

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was granted to allow a public parking lot here. So my suspicion is that that three-year

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variance or certificate simply was not renewed, but the owner continued to use it as a parking

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lot, eventually came into the ownership of the church in 2003. So why are we here today? It is

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to legalize that use. But in the process of doing so, we're going to make some improvements

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that are going to benefit the community, which I'll detail in a moment. We're also going to

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formally obtain permission from the city to allow the public to use the lot. And we plan to do that.

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It's not as though the church is going to sit on this as a private parking lot. It's going to be

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open for public use as well at reasonable charged rates. So if I can just show you the zoning map,

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here's the zoning map. And this is interesting for a couple reasons. One is it just shows you

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in the portion not highlighted where my cursor is, these were small lots that the church also owned

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and that last year it consolidated into the main property. So this should give the board some

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reassurance that without further variances, my client is not going to chop off those former

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lots and develop them and result in a different parking lot that you didn't approve. What you see

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today is what you're going to get. And the consolidation sort of backs that because we

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can't just unwind that consolidation very easily. I'm going to go quickly into the letter of support

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that we received from United Francisville Civic Association. There were actually two meetings with

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UFCA. There was a preliminary meeting with their zoning committee that I attended online. And then

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there was an in-person meeting with the public that my colleague Rachel Pritzker attended at the

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local recreation center. And there was, at the second meeting, unanimous public support for the

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project. I have to say, I think the neighbors were thrilled that given the RM1 zoning, we are not

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developing an apartment building on this site, which we probably could under the zoning, and that

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we're going to formally open the parking on this large lot for their use. There's not a neighbor in

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world that wouldn't like that. So let me show you the plans. This is the zoning site plan.

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I'm gonna zoom out a little bit here. Okay, so basically what this shows you is a couple things.

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Here's the lot turned horizontally. The layout's pretty simple. There's going to be a curb cut

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In the middle of each end, one on Brown Street and one over here on Parrish Street, two-way, I believe it's a 20-foot curb cut that will meet streets department with requirements.

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in the middle of each end, one on Brown Street and one over here.

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And we're also showing landscaping here on the perimeter that is to code and doesn't currently exist.

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that landscaping allowed us to get the planning commission's approval for landscaping specifically

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and let me go back to the refusal for one moment that landscaping and the other features of the

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lot meant that the only refusal we had was for the parking use there are no other refusals for

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the form or the layout of the parking lot being improper for it not having adequate landscaping

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or fencing. We have met all of those requirements with the help of our engineering firm. The only

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thing we're here before you today in terms of relief is just the use of parking. And really

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quickly further to that point. Okay. I'm just going to show you some additional plans and then

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I'll wrap up. This is a lighting plan. We're going to be adding lighting to the site. The lighting is

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designed so that it does not cast the light beyond the property boundaries in the sidewalk. That's

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what these bars show you here is the extent to which the light will reach from each light pole.

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And then I'll also show you, as the chairman mentioned, we have streets approval for this lot for the zoning phase.

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When you develop a parking lot or legalize a parking lot, you then go back to streets when you get your building permit, which we're also going to get in order to install those features I showed you.

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And streets will have another look at it then.

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But insofar as this phase of the project goes, streets has given their approval.

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I'll also say that those rebuilt curb cuts are going to be a big benefit to the community

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because right now they're smaller and they're on the corners of the nearby intersection.

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So we're putting them in better locations.

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That is the extent of my testimony.

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Ah, sorry.

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One last thing.

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I'll also just mention to you that if you look at the zoning map, because I want to

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speak to hardship for one moment. You know, these surrounding districts are some commercial,

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that's the pink and the dark red. And then you have residential, the yellow and the orange.

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The reason I'm bringing this up is because none of these districts permit surface parking lots

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for non-accessory uses by right. And by non-accessory, I mean, it's not like literally

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attached to the church. So the reason that poses a hardship is because my client can't go out and

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say, well, we don't want to get a variance for this site, so we're going to buy another parking

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lot. Because unless that parking lot already has a variance, it's not going to be legal in any

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nearby location. So in order to have parking for its congregants, this is at least equal to the

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least offensive thing we could do in terms of complying with the law. We can't go out and get

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another lot that doesn't require a variance. Okay. So with that, I'll ask you to accept my

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exhibits into the record. I'll stop sharing my screen and I'll ask that Robin Eaglin raise his

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hand, um, to adopt my testimony. Brandon, I'm going to, I'm going to recuse myself from this

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Board. No, Vice Chair.

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Jim?

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Sorry, Mr. Chairman, I have a little trouble there with the button. No question.

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Questions from the virtual audience?

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I see no hands, Chair.

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Planning Commissioner.

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Thank you, sir. David Fecto, City Planning Commission.

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the comprehensive plan recommends a change in zoning at this location from residential

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multifamily to industrial and residential mixed use non-accessory parking would be allowed with

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a special exception under the proposed irmx zoning the city planning commission recommends

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the board grant the proposed variances okay thank you one second is pulling it all the way up

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that's number five right chair four four m i m i dash two zero two two dash zero zero six five

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three six eight hundred north carolina street my vote is yes thomas holliman my vote is yes

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James Snell, my vote is yes.

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Thank you, counsel.

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Thank you.

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Is there anyone in the virtual audience whose case has not been called from the 930 list?

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I see no hands, chair.

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Okay.

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Thanks, everyone.

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See you at 2 p.m.

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See you, chair.

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Okay.

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Good afternoon. My name is Bill Bergman. I will be chairing the 2 p.m. hearing for the Zoning Board of Adjustment.

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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 Holliman.

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Thomas Holliman.

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Present, Mr. Chairman.

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And our Board Member, James Snell.

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Present, Mr. Chairman.

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Also here is Hillary Emerson, our Attorney, and our Executive Director, Tanya Sundar.

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Here's a virtual format. Be advised, the proceedings are being recorded. The video will

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be available by contacting tanyasunkett at phila.gov. For the benefit of our court stenographer,

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we ask attorneys and witnesses to identify themselves before testifying. If you're

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participating by phone and you wish to testify, press star nine to raise your hand and star six

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to unmute. To enter an appearance statement, call 267-270-5548. Leave your email and the address

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of the property in question. Lastly, the question and answer box on the screen is not for comment

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or testimony. Any comments should be directed to our Executive Director, Tanya Sumpkin.

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Let's look at our continuations for this afternoon.

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Number six, MI 2022-006-900-9100-Frankford Avenue.

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That case is continued.

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Thank you. Number two, MI 2022, 006-335-3848-Frankford Avenue.

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I vote yes, proviso. Use of rear addition limited to personal storage accessories to single family dwelling.

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Thomas Tollman, my vote is yes, proviso.

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James Snell, my vote is yes, proviso.

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If you know, Shaheed, my vote is yes with Proviso.

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Number three, MI 2022, 005-915-90 Red Lion Road.

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I vote yes to consideration and rehearing.

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Thomas Holliman, my vote is yes to rehearing and reconsideration.

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James Snell. My vote is yes to reconsideration and rehearing.

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Ishmael Shaheed. My vote is yes to reconsideration and rehearing.

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Number four, MI 2022-004-466-1401-South 13th Street. My vote is yes to reconsideration and rehearing.

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Thomas Holloman my vote is yes to reconsideration and rehearing

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James Snell my vote is yes to reconsideration and rehearing

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Ishmael Shaheed my vote is yes to reconsideration and rehearing

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we're going to move to our regular issue we're going to start with number 13 which is a pro se

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MI 2022-002-349-1129 South 51st Street. Kong Fon is the applicant. This application is for a

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multifamily household living, three dwelling units, in an existing structure. The proposed

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multifamily housing living, three dwelling units, is prohibited in the RSA-3 zoning, whereas the

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The RSC3 zoning district requires three accessory parking spaces and zero spaces are proposed.

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There is a letter of support from the Southwest District Services.

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Mr. Pham has joined us as the panelist.

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Please unmute yourself, sir.

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Sir, could you state your name and spell it, please, for the court reporter?

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My name is Kwong Dinh Pham, C-U-O-N-G, middle initial is D, last name is P-X-A-M.

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Right. Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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

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Yes.

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Good afternoon, sir. Have you emailed all the documents and exhibits that are required to proceed with this case five days in advance of this hearing?

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Yes, sir.

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Please proceed and share your screen and please turn the camera on as well.

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Yes, sir.

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so how many bedrooms on each on each location on the first floor is only one bedroom

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uh second floor is one bedroom the third floor is also one bedroom is this is this building

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three stories high? Three plus the attic, sir. Okay. And the rest of the block, are there other

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multiple units, houses on this block? Yes, sir. I own the one next door to this. I bought them

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maybe 10 years ago. That's what three apartment. And then the one right next to that is also a

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three apartments. There are

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three,

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four houses in the block that

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had three apartments

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