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Hearing audio

ZBA Hearing - March 11, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 11, 20266h 9m

Hi, could you please state your name

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and spell it for this tonographer?

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Michelle Krizenski, M-I-C-H-E-L-L-E-K-R-A-D-Z-I-N-S-K-I.

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Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth?

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I do.

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Are you a neighbor?

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I am. Please proceed. So this is a very residential block. There's parking only on one side. This is a single family home that they made into a triplex. There is not even a duplex on this block. The people that they've had in there, not good.

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um and also gina there is somebody on the line gina she wants to speak to but she doesn't have

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a hand raised thing okay right um do we see gina's hand can we get her on her

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is there anyone else not at this time cheer

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mr chair can i just respond to the comment about the tenants um i'll be brief um you know

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we were not happy with this tenant either.

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They were a nightmare tenant.

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But, you know, whether it's a single family or multifamily,

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sometimes you have bad tenants.

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We worked really hard to get that tenant out of there

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Did or we worked really hard to get that tenant out of there as quickly as we could. You know, the system in Philadelphia is kind of tough in that regard, but we acknowledge that that tenant was a bad tenant and we got them out of there as quickly as we could.

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as quickly as we could.

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Okay, thank you. Planning Commission.

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Amy Boyd with the Planning Commission. The comprehensive plan recommends no change in zoning at this location from the current RSA 5 residential single family. Parking in the required front yard is characteristic of the block face.

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However, the conversion to multifamily was done without the benefit of the permits, and the appellant has not demonstrated that there are unique physical conditions or circumstances of the property that would prevent it from being used in conformance with the zoning code for multifamily household living.

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The Planning Commission recommends that the board grant the requested variance for parking in the required front yard, but deny the requested variance for multifamily household living.

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Thank you.

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um alan uh there were several issues raised i'd like really have an opportunity to talk to the

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to the board we'll do that next wednesday morning and we're going to vote on it at 2 p.m

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thank you very much thank you i appreciate it all right have a great day you and enjoy your trip i

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hope. Thank you. Number six. All right. Number six. Yep. Yep. Number six. MI 2025 005 674 1101 South 53rd Street. W. Keith Williams is the attorney.

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it's a letter of support from the 51st ward rco and a letter of support

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from council member got the a's office

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do we see the attorney

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He's coming back in as a panelist.

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Thank you.

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good afternoon can you can you guys hear me

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yes okay um miss thornton the owner of the property could you please state your name

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and spell it for the stenographer yes it's uh will keith williams uh first name is w-i-l-l

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uh middle name k-e-i-t-h last name williams w-i-l-l-i-a-m-s do you swear or affirm to

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tell the truth the whole truth and nothing but the truth i do could you identify your client

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the relationship to the property yes my client's name is pamela thornton and she is the owner

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of a pound cake heaven at the address of 1101 south 53rd street okay and our vice chair has

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just a few questions good afternoon have you submitted your documents and exhibits five days

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in advance of this hearing yes okay and do you waive the reading of the referral and stipulate

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to its accuracy yes okay thank you you can share your screen and proceed with the case

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sure uh miss thornton should be in this zoom meeting i'm not sure if she uh

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she's here yet um one second one second

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why don't you start your documents

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okay i'll go through again one second

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they're coming up

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I see it sir

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so why don't you tell us first what you're trying to do okay yeah so um you know today we're seeking

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approval of a special uh exception uh permitting what is a small uh takeout only neighborhood

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bakery at 1101 south 53rd street so the use is not prohibited and in neighborhood commercial use

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districts it's allowed by special exception so this is not a variance case and there's no hardship

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issue before the board today what the record will show is straightforward this is a low intensity

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city bakery, no seating, no late hours, minimal equipment, minimal water.

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no seating no late hours minimal equipment uh minimal water and utility use uh it does not

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generate unusual traffic uh no absurd noise and it fits the scale and character of the neighborhood

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ms thornton also complied with every procedural requirement the property was properly posted

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the community was notified and the RCO meeting was held and all exhibits were submitted on time

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and so I wanted Pam Pamela Thornton to testify but we're gonna why don't you do this why don't

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you show us the building first and how it's laid out okay sure it's your notice

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so why don't you explain what we're looking at there okay so this is a picture of the building

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it's uh at 11 1101 53rd street um so the bakery will be held on the first floor

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um i can show you the inside of it there's a this is the kitchen it's kind of blurry

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um this would be the front of the building

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these are some more photos here this is the outside everything is to go am i correct

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say that one more time like everything is to take out yes you said there's no sit down inside

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everything is to take out no no seating at all everything is the bakery store you go in and buy

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your bakery goods and leave yes or you can order order before you know have it made and then come

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to take it out okay this is uh the aerial view okay

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so i wanted i wanted to have her testify is she in the audience yeah yeah she should be here okay

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can you hear me we can could you please state your name is spelled for the stenographer

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pamela thornton p-a-m-e-l-a-t-h-o-r-n-t-o-n right do you swear referring to tell the truth the

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whole truth nothing but the truth i do pamela could you turn your video on please i don't know how

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okay that's okay then just keep going counsel okay miss thornton uh what is your relationship

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to the applicant business i am the owner okay um are you also the owner of the property located

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at 1101 south 53rd street yes did you authorize a filing of this zoning application and appeal

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yes i did uh mr and i'm showing you exhibit one uh there's only application submitted to lni do

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you recognize this document yes i do okay uh members of the board i move exhibit one into

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the record okay all right i'm also showing you exhibit three

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uh the application for appeal to the zoning board of adjustment do you recognize this document

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miss thornton yes i do did you authorize this appeal yes all right so i move exhibit three into

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the record and so finally i'm showing exhibit five um this is proof of ownership of uh the property

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is this accurate miss thornton yes it is okay i move exhibit five into the record

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okay so miss thornton um can you briefly describe um in your own words what pound cake heaven is

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Pound Cake Heaven is a family-owned business, and we bake flavors from back in the past.

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We do cakes, we do cookies, we do all the traditional treats.

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We sell sliced cakes, pies, just the traditional baked sweets.

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okay will there be any uh sit down seating in your bakery no it's not is this a large scale

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or industrial bakery no it's very small what equipment do you use in the bakery we have one

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oven we have two mixers we have a sink we have a bathroom we have a hand washing sink

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and we have some cabinets for storage

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okay i'm showing you exhibit four uh the completed project information form does this

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uh accurately describe the proposed use of the property

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use of the property. Yes. Okay. I move exhibit four into the record. Does your bakery generate

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Thank you.

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large volumes of customer traffic? No, it doesn't. Usually they call an order and they come and pick

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up or they come in and select and then they leave. Based on your operations, will the business

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cause congestion in public streets or transportation systems no do you expect deliveries that would

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block streets or sidewalks no is the proposed use consistent with the size of the building

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yes does the bakery involve large staff or large gatherings of people

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no will the use overcrowd the land or surrounding area of the building no

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uh miss thornton how much water does your operation require very very little

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will your bakery strain public utilities or city services no how do you manage trash

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and waste that's your property trash is minimum and we handle it through the regular city

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sanitation services all right now i'm showing you exhibit seven the certificate of tax and compliance

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this is a true and correct copy we we have we have we have those we have that okay mr williams

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just let you know you can just move all of your exhibits into evidence at the end you don't have

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to authenticate each one for the port got it got it thank you perfect okay um miss thornton is your

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property physically connected to adjacent properties uh no we're on a corner

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okay will your business create excessive noise no will there be any industrial

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scale ventilation lightings or fans no uh will the use permanently injure impair

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their neighboring properties I I counsel I think you've really you've made your case okay perfect

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I I guess the question is how long has she been running the bakery I've been in business for 13

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years at that location uh in one other right so so she's coming here today just to make this legal

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is that said what is that what right Council would say she's been running it for a while

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now she wants to make sure she gets the right that's correct yes all right okay all right

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um um questions from the board just to clarify the commercial space or the bakery is not going

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to be separate from the home correct from i don't understand like they're all going to still be on

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one meter or are they on separate meters yeah no same and then are you using like the the kitchen

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in for the home and then the sort of retail space is really just where things are being packaged and

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sold right so there's not a separate kitchen no no i have no further questions any other questions

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yes so you're using um are you using commercial equipment at this premises yes you are so

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You've had, the health department has been out to look at the space and help you plan this kitchen. Is that what you're saying? Or are you?

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Yes, they gave me the appropriate paperwork to be able to go down to get my new license.

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Okay. And they, as part of that, you do have, they did come out and plan the space for you.

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so you have the proper equipment yes okay all right so um okay so you're baking on site

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yes okay um what about venting for the oven we are using a convection oven so there's no

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no fan needed or anything extra to ventilate okay and that was approved by the health department

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okay and what about delivery of supplies i pick up my own supplies

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okay so when we talk about the the operation what are we talking about

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So when we talk about the operation, what are we talking about in terms of, like, volume of business?

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I mean, you're not.

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Well, since we're so small, we haven't grown yet.

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This is just the first step of growing.

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So we're only servicing the neighborhood and those who might want to patronize me outside of the neighborhood.

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But that hasn't been a big volume yet.

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so we're looking to grow as we make these changes can i interject yes so so it's to my

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understanding that she has multiple different locations she has a larger location um in

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delaware county um this would just be like a kind of like a satellite location uh where she can

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um appease a smaller crowd it's a neighborhood area um so and going back to the kitchen uh

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part i think she's make primarily making most of her uh baked goods at a different location and

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bringing them over to this smaller location so most of the work is being done at another uh

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pound cake heaven location okay so you're this is for sales only is that what you're really saying

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You're bringing in. Okay. All right. And you're not. Okay. All right. I'm going to leave it alone because I'm trying to figure out whether we're talking about a need for more. This is more a retail business, not a wholesale kind of business. Correct?

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Correct.

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All right. All right. Thank you.

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questions from our attorney not at this time mr chair questions or comments from the virtual

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audience not at this time chair planning commission amy boy with the planning commission

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the comprehensive plan recommends no change in zoning at this location from the current cmx2

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commercial mixed use the appellant has demonstrated the proposed use will not cause such a bunch of

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impacts beyond what would reasonably be expected the planning commission recommends that the board

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grant their requested special exception for takeout restaurant mi2025-005-674-1101 south

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53rd street i vote yes then cheryl guest and my vote is yes tenetta graham my vote is yes

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i am mcadams my vote is yes hi owen my vote is yes thank you thank you counsel thank you

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Sure. Number 7, MI-2025-005850, 416 East Woodland Street. Meredith Ferliger is the attorney.

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Good afternoon Council.

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Good afternoon I'll turn this on.

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could you state your name and spell for the sonographer

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meredith berliger f-e-r-l-e-g-e-r do you swear or affirm to tell the truth the whole truth and

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about the truth yes i do um can you identify your client in relationship to the property

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sure my my client is kj base kjb solutions llc which is the owner of the property um so i asked

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this not to hurry you or anything how long do you think your presentation takes

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um 20 25 minutes oh okay i i don't i don't think yeah okay despite the letter of opposition

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i i fear to say this is somewhat straightforward um i do have watching you're sounding down

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yeah i i know i was laughing when he said that because i was thinking the same thing

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um but i i don't think my presentation itself it's you do know that there is letters i i do yes

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okay yes i know our vice chair has a couple questions good afternoon have you uh submitted

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your documents and exhibits five days in advance of this hearing i sure did okay and do you waive

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the reading of the refusals and stipulate to the accuracy i do waive the reading i cannot stipulate

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to the accuracy of the rear yard refusal or the heritage tree referral i will address both of

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or the heritage tree referral i will address both of those in my presentation

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those in my presentation.

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okay and thank you so you can share your screen and proceed with your case thank you

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all right

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all right mr chairman members of the board again my client here today is kjb solutions llc which

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is the owner of the property and is represented by my client kenny brown who unfortunately had

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to travel this week and is joining us via zoom we do also on zoom have our architect logan dry

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and then in the room with me here i have our civil engineer leslie cunningham with cornerstone

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the request before you today concerns 416 eastwood lawn street you have an exhibit packet in front of

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you that contains 19 exhibits to summarize the basis for today's request the application requests

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the subdivision of an existing lot into four new lots and on each lot for the erection of one

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single family dwelling although we submit that the proposal is not only patently reasonable

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in terms of the variances and the special exception that is requested and also completely

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in character with the surrounding neighborhood we are of course aware of the letter of opposition

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Letters of opposition that were submitted to the board.

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We will address some of the express concerns during the presentation in the hopes that the board will assign appropriate weight to the community's position here in light of the strictly dimensional relief that is requested here today.

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The tax clearance is included in your exhibits at exhibit 2.

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and again that's just for 2026 taxes which are not yet due

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and then the deed to the property is shown at exhibit three

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by way of background i'll bring up exhibit five

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actually let me make sure i have the right

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all right

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as you can see here the zoning map of the lot result you can see here that this lot results

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from a previous subdivision of this property which was finalized in March of 2025. the original

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property as you can see here was a nearly 40 000 square foot parcel that extended all the way from

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Locust Avenue all the way back to Woodlawn Street. The board heard and approved variances for the use and the addition to the historic Edwin T. Chase House that fronts on Locust Avenue several months ago.

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Today's request concerns the roughly 11,000 square foot parcel on Woodlawn Street, which was continued from the previous hearing date to allow for additional discussions with the community.

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as you can see this block here is zoned rsd3

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to reorient you again to the neighborhood the aerials are shown at exhibit six

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