civus
Hearing video

ZBA Hearing - February 21, 2024

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

Leonard, I'm going to start with you first. You want to make a statement relative to this case?

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Sure. I just want to say that I'm primarily here as an observer and also to answer any questions the board may have with respect to the matter before you in terms of the authority of Mr. McClure's client to proceed with the application.

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I can just say that they do have written authorization from the city to proceed with the application and to proceed with this request for a special exception.

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And their client is the Fairmont Park Conservancy, who has the agreement with the city to proceed with the project.

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The city is the property owner, but it's Fairmont Park Conservancy that's proceeding with this matter.

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So, again, if there's any specific questions about that, that's all I'm here for.

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But otherwise, I'm not planning on participating.

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Mr. McClure.

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Mr. Chairman, again, Matt McClure and Meredith Trago.

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This is the second continuous request for this case.

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Our client opposes this request.

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In your exhibit packet, you'll see a letter from Council President Johnson, who talks about the robust public process we've had here.

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The RCO meeting was last week.

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It took us over three months to get the RCOs to have an RCO meeting.

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We originally had a meeting in January of 2023.

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Then we had a referral in October of 2023.

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The RCO period expired in December of 2023.

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We sent three notices to literally hundreds of residents.

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There has been robust public outreach.

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There has been editorials in the Philadelphia Inquirer.

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you would have to be under a rock not to know this was going on. With that, we have several

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witnesses here. We're ready to proceed. We've been working, obviously, with the City of

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Philadelphia, as well as the Council's President's Office, and I'll hope that we proceed today.

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Mr. Shermer? Well, Your Honor, Mr. Chairman, the concern is I was not able to attend the RCO

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meeting, but I have heard concerns that the neighbors at the Reserve, which actually backs

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up to an enjoy and adjoins the property did not get notice i have seen my clients have noted that

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they were concerned about not getting enough notice this is a major part in the city of

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philadelphia and i was just notified as of yesterday mid-morning that i might have to be

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presenting for this case so i understand that it's a concern for the city of philadelphia

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through the Fairmount Park Conservancy to try to move this forward, but this is a major project

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and getting as much information and making sure that the people who are adjacent neighbors

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or contiguous neighbors actually got notice is a concern. Having a little bit more time to

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discuss this and look through the information is beneficial. The RCO meeting only happened

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last week the the neighbors are still coming together and are still very much interested in

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this uh continuance wouldn't be it should not be a problem whether it took a while to get this

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project done i know that it's been in the works but this is changes to one of the major parks in

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the entire southwestern section of philadelphia mr chairman may respond sure i think this is

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nothing but a filibuster. We sent out three notices. A notice did go to the reserve. Whether

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or not the HOA properly distributed amongst their members, I can't say. Obviously, there has been

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postings around the property. There were numerous notices going to Packer Park Civic Association.

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We were in constant contact with them, as well as the friends. And Mr. Wheeler is saying in one way,

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He couldn't go to last week's meeting, but he just found out yesterday he had to be here today.

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Which one is it? Because they're totally two inconsistent statements.

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OK, so so. Mr. McClure, Mr. Shermer, we have a great deal of people who responded to us today with letters of support, someone opposition.

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We're going to go on with this today. Everyone knew about this case.

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We're going to go on with it today.

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What I'm going to do is go finish with a couple of cases I have to list, and then we'll be back to Mr. McClure and Shermer in a short period of time.

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Thank you both very much.

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Okay, so is there any other requests for continuance?

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Chair, I have Thomas Bruno with her hand raised.

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I have allowed them to speak at this time.

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

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Please unmute.

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please unmute thomas bruno

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oh i'm sorry i yeah thomas bruno i'm an attorney 1315 walnuts street uh fifth floor

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philadelphia mr bruno just for the record could you spell your name for the sonographer

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yeah first name is t-h-o-m-a-s last name b-r-u-n-o do you swear for him to tell the

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truth and nothing but the truth. I do. What case are you talking

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about, sir? I'm talking about

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2644 North 22nd Street, which is

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MI2023006847.

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What number is that, Hillary?

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If you know. That is number one,

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Mr. Chair. We have David Denenberg currently listed as the attorney.

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Yes, I'm from David Denenberg's office.

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Okay, sir.

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So do you want to continue that case?

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Well, we got an email from the Swamp Poodle Neighborhood Parcels Association, RCO, that they were requesting continuance.

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We do not oppose it.

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I just want to make sure that, you know, you got the email that we received.

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I did not see that email yet, but Mr. Bruno, we do not have any exhibits for this case.

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Nothing came in yet.

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well that would be another reason to ask for continue to get a continue sure that's just so

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it's the first listing so what i'm going to do is mi 2023 006 847 2644 north 22nd street

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our case is continued but it's going to be mark must be heard thank you mr bruno thank you have

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a nice day are there any other requests yes steven ukta has their hand raised i've allowed

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them to speak at this time.

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Hi, could you please state your name and spell

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for the court's stenography?

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Yes, Devin Uchtdahl.

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D-E-V-I-N

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U-Q-D-A-H.

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Right. Do you swear or affirm

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to tell the truth, the whole truth, and nothing

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but the truth?

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And I have, wait a minute, I think.

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So your case is

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4140 Hopper Street?

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Yes. Okay.

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So as you know, sir, this is the fifth listing.

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Yes.

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Okay.

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This case must be heard the next time.

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Understood.

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Okay.

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So MI 2022-005-303-4140 Poplar Street.

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There's no exhibits.

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This was the fifth listing.

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The case is continued, but marked must be heard.

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Thank you.

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Okay.

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Number two.

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Okay.

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MI-2023-004-105-1708-West Tioga Street, Parcel A.

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No exhibit, second listing.

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I do not see any hands for that case, Mr. Chair.

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Okay, the listed owner is 1708 Tioga LP.

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No hands.

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No, sir. No hands.

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Okay. Thank you. So, MI-2023-004-105-1708-West Tioga Street, Parcel A, 1708-Tioga-LP. This case is continued. Mark must be tried.

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9. MI 2023-004-009-230-West Rittenhouse. This case has been withdrawn.

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Number 14, MI 2021-004-012-225-E Springer Street, that case has been withdrawn.

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And number 15, MI 2021-004-011-223-E Springer Street, that case has been withdrawn.

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on. I'm going to go to our add-ons. Number one, MI 2023-005-755-1201-Linley.

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i vote yes

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thomas holloman my vote is yes yes james now my vote is yes

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Ishmael Shaheed, my vote is yes.

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ishmael shaheed my vote is yes number two am i

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Number two, MI 2023-004-039-6223-Bayton Street.

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I vote yes.

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Proviso, approval use is multifamily household living, four dwelling units, with one existing accessory parking space.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes, with proviso.

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That's it, Chair, I'm not a vote on that.

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Okay.

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Mr. Holloman, what was your vote again?

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Thomas Holloman, my vote is yes, with proviso.

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All right, thank you.

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The next one, number three, MI2023, 006-539-2220 North 20th Street.

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The vote on this is Thomas Holloman and James Snell.

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I vote no.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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Number four, MI 2023-006-462, 1832-46 Germantown Avenue, number TF203431.

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My vote is yes with proviso.

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Revised plans, three pages stamped by ZBA on February 21st, 2024.

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Approved uses for commercial space are

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Business support, prepared food shop, takeout restaurant, personal services, visitor accommodation, and commissaries and catering.

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Thomas Holloman, my vote is yes with provisos.

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James Stout, my vote is yes with proviso.

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Number five, MI 2023-003-669-1700 Reed Street.

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Ron Anastasio is the attorney.

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This is a resumptive hearing.

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Mr. Anastasio.

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Mr. Chair, they've been promoted to panelists.

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Okay.

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Afternoon, Mr. Chair. If I remember, did I swear you once this morning? Yes, sir. State your name for the record.

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Sure. Vern Anastasio on behalf of Arden Textology, text and then you 1700 breed. He's the owner.

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All right. Am I understanding where we stand with this? There was we're waiting for a letter.

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RCO letter was the only thing outstanding.

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They sent it over, and I also sent it over, and they are in full support.

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Okay.

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Is there anyone from the RCO in the audience?

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Mr. Chair, I have Anton Tomkovich.

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I've allowed them to speak.

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sir could you please state your name and spell for the court's monographer

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anton tamkovich a-n-t-o-n last name is t-a-m-k-o-v-i-p-c-h you swear or affirm to tell

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the truth the whole truth and nothing but the truth yes are you from the point breeze neighbors

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yes proceed um i am calling um in this meeting about 2117-19 uh north 7th street um i'm a

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resident of the community and i am i don't know sir sir sir no this is 1700 reed street sir

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oh sorry okay thank you very much

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so vernon there's no coordinating rco i'm going to go right to public testimony for 1700 block of

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ridge reed does anyone have any comments

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chair i do not see any hands raised at this time planning commission thank you chair bergman and

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good afternoon david effecto city planning commission chairman and board members uh the

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comprehensive plan recommends no change from the commercial mixed-use zoning at this location.

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There is no unique physical condition or circumstance of this property that would

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It would prevent it from being used to conform us with the zoning code.

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prevent it from being used in conformance with the zoning code. The City Planning Commission

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The City Planning Commission recommends that the board deny all variances.

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recommends that the Board...

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Thank you.

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Mr. Chair, I want to move the RCO letter into evidence.

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If it hasn't been already, that is a unanimous support for the proposal.

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As it's zoned, it's not serving the neighbors at all, and I think this up zone will help them.

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Thank you.

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MI 2023-003-669-1700 Reed Street.

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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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Ishmael Shaheed, my vote is yes.

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Thank you.

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Thank you.

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Thank you.

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We're going to go to our regular list, and we're going to start with number 11, MI 2023-006-162, 1954 Patterson Avenue.

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Mr. McClure, Mr. Shermer, and Mr. Reuter.

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Meredith Trego has been promoted to panelists along with Mr. Reuter, sir.

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Good afternoon, Sherman. Could you please state your name and spell for the court stenographer?

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Sure. My name is Meredith Trego. That's T-R-E-G-O. I'm here with my colleague, Matthew McClure, who already introduced himself with Ballard Spar.

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All right. Just for the record, can you identify your client?

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Sure. The Fairmont Park Conservancy is our client.

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Okay. Our vice chair has just a few questions.

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Good afternoon, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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Have you emailed in all the required documents and exhibits that is needed and required 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. Please proceed and share your screen.

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Mr. Chair, is Mr. Shermer available?

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Shermer, please raise your virtual hand.

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All right. Chair, this is John Kelly, the reporter. I'm not certain that Attorney Trego was sworn in.

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Okay, we'll get to that. Okay, thank you.

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