civus
Hearing video

ZBA Hearing - November 16, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Nov 16, 20224h 55m

No, Mr. Chairman. Questions or comments from the virtual audience?

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chair i see no hands at this time hi thank you planning commission thank you sir david vecto

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city planning commission mr chairman and board members the comprehensive plan recommends no

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change to the commercial mixed use three zoning at this location this proposal is substantially

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in keeping with the intent of this zoning district the lack of one required parking space will not

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impair the use of adjacent properties and so the city planning commission recommends that the board

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grant the variance. Thank you. MI 2022-003-866-5926 Market Street, I vote yes.

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Carol Tenere, my vote is yes. Thomas Holliman, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Okay, so number nine, MI 2022-003-862-1110 South 54th Street,

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Mr. Nockmson, state your name for the record and identify your client in relationship to the building.

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Yes. Alan Ockamson, A-L-A-N. Lastly, Ockamson, N-O-C-H-U-M-S-O-N. My client is Paroli, LLC. Oh, I'm sorry. Wrong one. Sorry. My client is Ivy House Realty, LLC. And in the virtual audience is its member, Chanel Small.

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Yes, Alan Nockmson, A-L-A-N, Leslie Nockmson, N-O-C-O-N.

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Okay. Our vice chair has a few questions.

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After your name, Mr. Mockamson, do you agree to wait the reading of the refusal and stipulate

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to its accuracy?

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I do.

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Have you emailed the proof of ownership, tax compliance, a copy of the refusal or referral,

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photos under plans of the property five days in advance of this hearing, and have you met

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with the RCO, and do you have a letter?

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Yes, I do.

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You may proceed and begin with sharing your screen.

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Thank you.

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Thank you.

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all right so i'm here to present 1110 south 54th street uh you'll see for the presentation but

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you also see from the rendering there is no below ground use for this property uh we're proposing

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to have a two-family dwelling and each unit will have its own entrance for the lower level unit

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You can see it's on the ground floor, and then the upper level gate, it has a set of exterior stairs to its own front door.

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It's also a corner property as well, where it's a responsible trash management plan of outdoor trash storage.

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So you'll see from the notice of refusal, this is a CMX 2 property.

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So all we're trying to do is eliminate the commercial component completely.

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It would be out of character to have commercial right here. We're nowhere near a commercial corridor. And the neighborhood actually prefers to have it this way. This has been a problematic property for some time, a nuisance to the neighborhood. And they want to activate this corner, not with any commercial use, but to just merely two residential dwelling units.

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We do have a letter of support from the Southwest Philadelphia District Services, as well as letters of support from nearby neighbors.

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You'll see maps of the area, photographs of the property, our plans and drawings, our RCO meeting notice, our application for appeal that we filed in the CBA, our deeds of the property showing that Ivy House Realty LLC is the owner of the property.

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The Certificate of Tax Clearance will show that that entity owes no real estate taxes on the property.

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And again, in the virtual audience is Chanel Small, the member of Ivy House Realty LLC, the owner of the property.

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Notice refusal. Again, we're a CMX2 property.

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We are allowed two residential units as a matter of fright.

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We're being refused because we're trying to eliminate the commercial component, which would be out of character for this corner property.

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Letter support, as you can see, we received unanimous support, both from the members of the community that attended the meeting, as well as the executive committee of the coordinating RCO, and there you can see it there as well.

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And then we also did outreach to members of the community outside of the community meeting. So you'll see letters to support there sprinkled through our presentation.

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And then maps of the area, again, we're a corner property, because there's an alleyway

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here.

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We're on 54th Street between Willows and Pentridge, and you can see here, this is not a commercial

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area, and having a commercial property here would be a nuisance, honestly, to the neighborhood,

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and to rather have two well-sized residential units was a preference for the community.

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And you can see this is an eyesore to the community.

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We bought it recently, so we didn't create this issue.

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But you can see through this orange poster, which is not a ZBA orange hearing notice poster,

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that's a poster saying that there are issues with this property.

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Ms. Small wants to hopefully get the variance approved and make significant improvements to

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this property. Here's our proof of posting, though, of the zoning area notice. And then

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South 54th Street to the right of the property, South 54th Street to the left of the property.

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Our plans and drawings, again, this is just a rendering of what we hope it's going to look like,

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which is much better than what it looks like now.

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And then you can see that we're hoping to store it to trash it over there.

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And then just our plans and drawings. Again, there's no basement use. Only the first floor unit. I mean, the lower level units on the first floor. And it's pretty straightforward to walk in through the front door. There's a living room, kitchen, and a bedroom.

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And then just our plans and drawings again, there's no basement.

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You go up the exterior staircase. You come into this enclosed course area where there's a kitchen,

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living room, bath, bedroom, and it's a bi-level unit which has several bedrooms on the third floor.

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RCO meeting notice. We met with the community earlier this summer. They were actually accommodating

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to have a community meeting rather quickly, but we had to wait for the hearing. 172 addresses

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We're notified of the community meeting, list of the addresses, proof of mailing to those addresses, application for appeal that we filed with the ZVA,

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deed to the property showing Ivy House Realty LLC as the owner,

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and our Certificate of Tax Clendery showing that they're in good standing with the city.

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I'm going to stop sharing with the screen.

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I believe Ms. Small is in the virtual audience.

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I would ask that she virtually raise her hand.

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could you raise your hand and unmute yourself please i believe i'm unmuted can you hear me

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okay yes could you state your name please and spell for the court reporter

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yes my name is chanel small first name chanel c h a n e l l e last name small s m a l l do you

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swear firm to tell the truth the whole truth and nothing but the truth yes proceed uh miss small

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you heard everything I had to say today. Yes. Is it true and correct? Yes, it is. And do you adopt

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it as your own testimony? Yes, I do. Thank you. Questions from the board? No, Mr. Chairman.

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No, Mr. Chairman. No, Mr. Chairman. Questions or comments from the virtual audience?

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Chair, I see no hands at this time. All right, Planning Commission, please.

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Thank you, Mr. Chairman. Members of the board, David Fecto, City Planning Commission,

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The Comprehensive Plan recommends no change to the commercial mixed-use zoning at this location.

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Requested relief from the ground floor commercial requirement in the zoning code appears to be warranted by the configuration of the property.

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The City Planning Commission recommends that the Board grant the use variants.

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Thank you. MI 2022-003-862-1110-South 54th Street, I vote yes.

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Carlton Aery, my vote is 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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So number 10, MI2022-003-864-2411, North 33rd Street.

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Mr. Nockleson, could you state your name for the record

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and identify your client in relationship to this property?

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Yes, Alan Nockleson.

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A-L-A-N, the last name Nockleson, N-O-C-H-U-M-S-O-N.

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And the owner of the property is SJC Real Estate LLC.

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And in the virtual audience is Shati Cooks, its member.

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Our vice chair has a few questions.

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Hi, Alan.

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Do you agree to waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Have you emailed the exhibit packet with proof of ownership tax compliance, refusal referral,

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photos and or plans of this property five days in advance of this hearing and have you met with the

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RCO and do you have a letter? I do. Okay, great. You may proceed and begin with sharing your screen.

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Okay, we're here to present 2411 North 33rd Street. You'll see that this is a property

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that is an RSA is an RSA 5 property in name only. It has a significant non-single family

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use history. And you'll see also that there are other similarly situated properties,

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which are also multifamily in nature. This notice of refusal, through this notice of

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refusal. We're asking for a two-family dwelling. We do have revised plans, so the board's inclined

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to grant our zoning requests. We ask that it granted with the revised plans. We do have

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correspondence from the Strawberry Mansion community concern, and our revised plans are

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based on the request of the community. The use permit that you'll see in the presentation packet

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and the rental license will show that this is not this property does not have a single family or

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will show that this is not this property does not have a single family or recent single family

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history uh you also see that on the 2400 block of north 33rd street there's nearby multifamily

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even those are even though those properties are also rfc in five afterwards we'll show you maps

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of the area photographs of property our plans and drawings our rco meeting notice our application

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for appeal that we filed with the cba our deed to the property showing that sjc real estate llc

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the owner of the property, as well as a certificate of tax clearance showing that there's no real

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estate taxes due on account of this property. And again in the virtual audience is Shati Cooks,

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its member. Notice refusal. We are an RSA 5 property and we're just merely asking to have

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a two-family household dwelling and that's the only refusal we have. We do ask that if the board

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grants this variance request that they're granted with revised plans. Those revisions were based on

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the request of the coordinating RCO, which we provided by. And then the correspondence from the

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coordinating RCO strawberry management community concern. So in addition to a proviso for the

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revised plans. I believe, uh, that the other, uh, requests that are enforceable would be, uh,

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no, uh, let me just see, no roof deck, no roof deck access structure, which I don't even think

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it's on our plans, but, you know, we have no objection to that. And then for trash, for unit

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number one trash would be stored in the rear and for unit number two the trash would be stored in

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a ventilated uh trash closet so those would be i i would believe the enforceable provisors oh and

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one more thing um no bedrooms um in the basement would be the last thing i think i think alan the

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words we use use a basement for storage trashing mechanicals only well the only thing i would say

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as to that is if we want to have the basement used for like a secondary living room or an office

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um we we just don't want to have a situation where we can't use the property that way hillary

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hillary

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she's there somewhere she always said why why do you want to proceed with that yeah all right so

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you can see here there's a use permit showing that this property excuse me sorry this is hillary i

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had to step away for just a second that's fine um it mr chair it's your call whether you want

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to do a proviso for um no bedrooms in the basement or um limit it in the other way that that you

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described um i think i'd prefer the use of the basement for storage trash and mechanicals okay

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Yeah. So as you can see from the use permit, this property was previously used as a real

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estate office in one apartment. But more importantly, as you can see from this rental

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license, most recently, it had a rental license for two units, meaning this was a duplex previously.

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Again, so that means what we're asking for is not out of character to the history of this

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property. And then nearby multifamily structures. 2426 North 33rd Street is a triplex. 2445 North

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33rd Street is a duplex. 2446 North 33rd Street is a duplex. 2451 North 33rd Street

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is a duplex. So there is a significant history with this property, but also on this block

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of multifamily use, even though these are RSA 5 properties. And then it just maps of the area.

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And then photographs of the property. This is a two-story structure, which is in desperate need

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of some TLC. There is an addition to this property, which I don't believe I referenced

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originally with the notice of refusal so and that kind of goes to what the community requested of us

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here's proof of the orange notice posters being posted on the property north 33rd street to the

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right of the property north 33rd street to the left of the property or plans and drawings

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so what was requested of us which is not zoning related but this addition originally we had a

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different type of material on the third floor. So at the behest of the community, they asked us to

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follow the brick facade to the third floor, which we gladly did with a new cornice line as well. So

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if you look, if you walk by the property built as proposed now, it's not going to stand out.

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uh built as proposed now um it's not going to stand out as something that's newer construction

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uh it will look like the the true philadelphia fulbright facade and corners line that you would

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expect and then just plans you know of the property i would ask i just don't want my client to get in

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trouble but if someone uses the property as a flex space down there that's why we would ask for no

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bedrooms in the basement rather than you know what the you know chairman has as you know proposes

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language but we defer obviously to the board in that respect and then just the elevations you can

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see of what the property is going on and then our meeting notice um we met on halloween uh 162

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addresses were notified of that meeting these are the addresses proof of the mailing of those

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addresses. Proof that we emailed the notice to the coordinating RCO and as well as related

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entities or applications for appeal that we filed to the ZBA. Our deed to the property showing that

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SJC real estate LLC is the owner of the property. And finally showing that there are no taxes owed

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on the property. I'm going to unshare my screen. I would ask that Mr. Cooks virtually raise his hand.

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Hi, Mr. Cook, could you state your name, please, and spell for the court reporter?

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Mr. Cook, please unmute yourself or wait for the chair.

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Yes, my name is Shati Cooks, spelled S-H-A-T-E-E, last name Cooks, C-O-O-K-S.

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

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Yes.

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Proceed, counsel.

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Yes, Mr. Cooks, you heard everything I had to say today.

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Correct.

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Is it true and correct?

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Correct.

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and do you adopt as your own testimony yes sir all right thank you all right questions from the

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board no mr chair no mr chairman no mr chairman all right questions or comments from the virtual

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audience chair we have strawberry mansion community with their hand up okay please

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unmute yourself and wait for the chair hi could you state your name please and spell it for the

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court reporter. Good afternoon, Mr. Chairman and the board. My name is Bonita Cummings. I am the

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director of Strawberry Mansion Community Concern. My name is B as in boy, O-N-I-T-A, Cummings,

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C-U-M-M-I-N-G-S. Do you swear or affirm to tell the truth, the whole truth, and nothing but the

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truth? I do. Proceed, please. I just wanted to indicate our presence as the coordinating RCO

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And that I did want to know about the no drug rehab recovery houses was one of the provisos, which was not mentioned.

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Okay.

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Hillary, you want to respond?

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Sure.

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The reason that proviso was not added is because that was not given, was not on the list the

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chair gave, because that's something that would require a separate zoning use permit

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application, and because this property is zoned, RSA 5 would require a separate zoning variance.

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Okay.

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Thank you for calling in.

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Is there anyone else in a virtual audience?

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chair i see no other hands at this time planning commission thank you mr chairman members of the

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board david fecto city planning commission the comprehensive plan recommends no change to the

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residential single family zoning at this location there is no unique physical condition of this

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property that would prevent it from being used in conformance with the zoning code the city

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Planning Commission recommends the Board deny the use variants. Thank you. MI 2022-003-864-2411

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North 33rd Street. I vote yes with following provisos. No rooftop deck or roof deck access

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structure. Trash for first floor units stored in real yard. Trash for second and third floor units

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stored internally. Use of basements for storage, trash, and mechanics only. Revised plans, one page

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stamped by ZBA on November 16, 2022.

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