civus
Hearing video

ZBA Hearing - February 21, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 21, 20246h 33m

So, yeah, I'm confused, too.

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Like, so I saw that the amount that was due, if I don't reshare it, hold on a second.

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Let me go to the last page.

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So, my client, so as you can see, oh, wait, hold on, I got to share my screen.

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So, as you can see, the amount that's due for taxes for the 2024 tax year is $1,536.98.

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That's what's showing the balance.

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I give it to you.

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Like, I don't understand why this is still showing up, but this is my client purposefully

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paid everything but this current year's taxes.

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Hold on, Mr. Goldhurst, you're going to go to the next page.

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Oh, wait, hold on a second.

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There's another page.

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Oh, here you go. So there, that's why you have Mr. Goldberg. I guess there's a second page there after which shows that no monies do.

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So I had not gone on the city's website independently myself, so I don't know if we went on there. That's what it would show, but I assume that's the case.

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Okay, that's fine. I'll take another look. Sometimes if balances have recently changed, it takes a minute to add things all set. So thank you.

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You're welcome.

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Questions from the virtual audience?

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I do not see any further hands, Mr. Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good afternoon.

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David Fecta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the residential multifamily zoning at this location.

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The zoning in this neighborhood dates to 1933.

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3. The appellant proposes double the number of dwelling units allowed in about half the space

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required. There are also requests and refusals for rear yard area and depth and more than the

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allowed occupied area. The appellant also stated their desire to house tenants with PHA vouchers

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absent a signed agreement with the housing authority. The city has no ability to verify

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that voucher holders will live here. The city planning commission recommends the board deny

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that proposed use in dimensional variances. Okay. So we're going to hold the vote on this

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until the amended refusal, and then we'll just take a look at the tax again. Okay. And then

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we'll get that straight before we get back. Okay. Mr. Chair, can I just quickly respond

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to the recommendation? Sure. So if you look at it this way, there are eight units that are allowed

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as of right. Each of those units can have two to three bedrooms general. If you compare those

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numbers of 16 units, 16 bedrooms to 24 bedrooms, that is equal to or more than the 16 one bedrooms

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that we're proposing. I think you got to look at it from that perspective. And then that's the

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reason why sometimes the zoning code doesn't make sense. It's like, what are we looking at? We have

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a certain amount of units allowed per square foot of the lot, but ultimately we're concerned about

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the density that we're creating here. So if we're proposing 16 one-bedrooms, that means 16 bedrooms,

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and the code allows us to build eight units where typically you have two bedrooms units and three

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bedroom units, there could be potentially more people in the building and the community would

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be worse off. Plus, like I said, as stated previously, these two bedrooms and three bedrooms

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are not being rented out. It's not fulfilling the needs of the community and they're more expensive,

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which is, which is hurting this community even more. But thank you.

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Thank you. So cases closed other than waiting for the amended refusal on the tax.

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And I think we need you again, Mr. Nockmson.

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Number 10 MI 2023 006 569 1300 South 6th Street.

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Mr. Klein.

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Letter of non-opposition from Councilmember Scuola with provisos requested and letter of non-opposition from Paschung Square Civic Association.

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I'm going to defer to Mr. Klein from my office to handle that matter.

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Okay. Thank you.

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Thank you.

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Mr. Klein will be coming back in as a panel shortly.

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hi mr klein all right just for the record state your name certainly jared klein k-l-e-i-n

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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 i do did you identify your client the relationship to the property

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certainly my clients are the owners of the subject property could you mention their name

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Certainly, my clients are the owners of the subject problem.

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Could you mention their names?

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Oh, yes, my apologies.

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Dimitri Miozovic.

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Okay, and our vice chair has a few questions.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate towards accuracy?

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Yes, I do.

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

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Yes.

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Thank you.

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You can continue and proceed and share your screen.

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Thank you very much.

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And I will endeavor to be as brief as I can,

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given the letters of support we have

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and the board's lengthy agenda today.

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So this is 1300 South 6th Street.

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It has frontage both on 6th and on Wharton Street.

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And the proposal is to create a two-family dwelling.

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As I get into the photos,

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you'll see these buildings are connected through a wall that runs behind this area here.

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So it is one single building, previously a single family home, and we are making it into

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a two-family unit. That's what this proposal is for, while the buildings will remain connected.

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The refusals that we got are for the two-family household living. It's a CMX1 zoning designation

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because it's a corner property. So we have the refusal for the use and then the dimensional

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standards. There is a nine foot rear yard requirement. We're building the proposals

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to build the addition on top of an existing non-rear yard condition. So this refusal was

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generated for the second and third floors of that build out. But the rear yard or lack thereof on

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ground floor is not changing as a result of this proposal just to orient the board uh as to where

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the project is located this is the this is the property here um the area has not changed this

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is back in 2004 so it has looked it has looked as it's looked for some time um it's located here

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across from gold star park um and this is the side view of the units as they exist now um so

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you can see there's this connection across the top this rear was previously used as a garage

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that was the proviso uh that the chair mentioned as he was noting the communities letter um there

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is no parking as part of this proposal um so we were abandoning this this prior use as a garage

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to make this a fully residential development.

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These are the views looking down 6th Street

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to the right of the property

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and views 6th Street to the left of the property

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and views on Wharton Street,

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which I'm sure the board is very familiar with.

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These are the photos of posting.

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We posted both on 6th Street and on Wharton Street.

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Make sure everyone was properly advised.

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and I will show the this is the zoning site plan this is the proposed area of the of the addition

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this is the existing structure here towards the front this is our side elevation just to give

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some context to this because this is a two-dimensional rendering so this deck although

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it will exist here is not sort of floating between the two buildings there is a wall behind here

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through a courtyard and you can more easily see that here so there's that deck that you're seeing

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there's a stairwell for ingress and egress within this wall that connects the two buildings back

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here so there's what the plan is is to build this balcony have a courtyard here between the

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two buildings entrances and exits so this front property will have an entrance here

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and an entrance there and same for this rear property

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side elevation for some more context these are the stairs that I referenced as sitting behind

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that wall running up the length of the building and the floor plans of the units as they're

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proposed to be apartment one being in this front building apartment two being in that rear building

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As I think the chair mentioned, as I was coming in, we did meet with the passion square civic association.

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They voted in non opposition and noted that they urged the board to approve this variance.

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Their proviso of no parking was absolutely fine with us.

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As I mentioned, it was never it was always intended to abandon the parking as part of the project.

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And we received a letter from Councilman Squilla echoing the thoughts of Pass Young Square Civic.

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With that, I'm going to ask Dimitri to raise his virtual hand, if he's still online, to briefly adopt my testimony.

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With that, I'm going to ask Dimitri to raise his virtual hand if he's still online.

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Okay.

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Mr. Chair, I've got three hands up from Dimitri Mazovic.

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Let's take him, please, Jason.

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Understood.

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Thank you, sir.

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You better not speak.

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Hi, sir. Could you please state your name and spell for the court stenographer?

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Dmitry, please unmute.

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Yes. Can you hear me, guys?

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Yes, we can. Please state your name and spell for the court stenographer.

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Okay. My name is Dmitry Mezovic, D-Z-M-I-T-R-Y. Last name M-I-A-Z-H-E-V-I-C-H.

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

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I do.

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Please proceed, counsel.

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Dimitri, did you have a chance to hear my presentation this afternoon?

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Yes, I did.

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Do you adopt my statements as true, correct, and your own if you'd have a longer opportunity to speak?

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Yes.

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All right. Thank you.

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Mr. Chair, the final note I have is there are revised plans, one page that were sent to Ms. Emerson along with the proviso form earlier today.

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Those just update the location of the balcony.

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Thank you. Questions from the board?

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No, Chair.

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Tom?

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No, Mr. Chairman. Ish?

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Questions or comments for our attorney, Hillary Emberson?

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Not at this time, Mr. Chair. Questions or comments from the virtual audience?

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yes mr chair i have two hands raised one ending in a number 7809 i can allow them to speak

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sure thank you stood why could you please state your name and spell for the court stenographer

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star 61 mute please

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Hello?

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We go to the other one.

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The other hand is from Caitlin Daly.

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I've allowed them to speak.

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

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Caitlin Daly, C-A-I-T-L-I-N, last name Daly, D-A-L-E-Y.

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

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I do.

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All right.

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Please proceed.

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Are you a neighbor?

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I am a near neighbor.

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I live on the 600 block of Sierra Street.

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Thank you.

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Please proceed.

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I like the project.

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I love the two family.

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I'm really excited to hear that you're not going to have parking involved, but I'm also

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confused about why when you reinstalled the sidewalk, you installed a curb cut, why there

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appears to be a cutout for a garage door um and why there is a empty sign post that would appear

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that that you would put a no parking sign um in front of it directly adjacent that curb cut

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those were items that were there under prior ownership for different iterations of the

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proposal the the proposal we're doing now will not have any any parking okay so so that they

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were constricted then you changed the proposal and so you're gonna you're not gonna do that

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Right. We are not having any parking. The area that appears to be a garage at this time is going to be converted into the living room for what we're calling a parking too.

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Okay. Well, thank you very much. That's all I have to say, and good luck on your project.

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Thank you. Thank you for calling. We appreciate it. Is there anyone else in the virtual audience?

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No, there are no further hands, Mr. Chair.

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Thank you. Planning Commission.

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Thank you, Chair Bergman, and good afternoon. David Efecto with the City Planning Commission.

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chair and board members the comprehensive plan recommends no change to the commercial mixed use

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zoning at this location commercial mixed use one zoning the rear yard depth variance appears to

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document an existing condition the city planning commission recommends the board grant their

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proposed dimensional variance however there is no unique physical physical condition or

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circumstance of this property that would prevent it from being used for one dwelling unit the city

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planning commission recommends the board deny the proposed use variance for two dwelling units

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thank you um mi 2023 006 569 uh i vote yes proviso revised plans one page stamp by zba

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february 21st 2024 no accessory parking on property thomas solomon

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no accessory parking on property. Thomas Solomon, my vote is yes with provisos.

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James Snell, my vote is yes with provisos. Ishmael Shahi, my vote is yes with provisos.

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Thank you, Mr. Klein. Thank you all very much. Have a good afternoon.

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Number 12, MI-2023-005-883-6331-41, Caster Avenue.

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Ronald Patterson is the attorney.

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Letter of non-apposition from Take Back Your Neighborhood with provisos.

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He'll be rejoining soon, sir.

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Hi, Mr. Patterson.

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I think I spoke to you earlier today, probably, and swore you in once, right?

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Yes, sir.

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Why don't you just state your name for the record?

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Sure.

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Ronald, R-O-N-A-L-D, Patterson, P-A-T-T-E-R-S-O-N, Claire Harrison, 1835 Market Street.

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