civus
Hearing video

ZBA Hearing - April 7, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Apr 7, 20219h 42m

Do you have anything to add?

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no

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No.

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No, other than I'm just trying to renovate the, you know, upgrade the block that's been vacant for a very long time.

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And when you, upon purchase and inspection, there were, in fact, how many residential apartments in the building?

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It was laid out for two on the second floor, two on the third floor, and then the store, and then the space behind the store.

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got it thank you and at the time of purchase sir it was every all units were vacant uh yeah there

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was one like i think it's maybe a squatter they had someone in the second floor rear but

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they got them out before we got they got them out before we purchased it

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anything else mr anastasia before we move on no sir okay questions from the board

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no is there a proposed is there a proposed tenant for that space there are several people who are

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folks who have been interested most notably a barbershop is looking at it an old school kind

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of like a I guess a hipster sort of a hipster version of the old Italian barbershops you know

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we don't see anymore and uh and which is why it would be a real pity to lose that facade

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because it's i mean that's right out of 1950. any other questions from the board

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hello someone's about to speak

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any other questions from the board no anyone else would like to testify in this case please raise

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your hand. Yeah we have Anthony with the that's been unmuted. Thank you sir. Please identify

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yourself for first and last name. Anthony Bruttaniti, B-R-U-T-T-A-N-T-I. I am the zoning chairman

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for South Broad Street Neighborhood Association. You swear and affirm to tell the truth, the

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whole truth, nothing but the truth? Yes I do. Thank you. Please proceed. Yes we met with

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the applicant twice to discuss this application. We also had several neighbors that have lived

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on this block and around this property since they were children. The testimony from the

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neighbors was that the first floor was used as a tailor shop for many years with a small kitchen

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in the back of the store for use of the commercial space. And their testimony was also that the

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owners of the tailor shop lived upstairs on the second or third floor and that it was never used

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as apartments. Also the photographs that were by the applicant of the existing space never showed

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any kitchens that were that would be indicative of multi-family use. I have to object to the

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quote-unquote testimony of folks who have lived there. Yeah maybe. First of all that's hearsay

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uh to say it is fact uh and what the evidence that we have that the board has to review

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is the document documentation that's it's sustained it is hearsay so sir if you can speak

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on behalf of yourself okay and okay um we had uh entertained um the fact that uh to use the

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property as a three-use property, that being one apartment on the third, one apartment on the second,

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and the first floor to either be an apartment or commercial space on the entire floor, not broken

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up into a small commercial space in the front and a residential in the rear. And so we had taken

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their original proposal and requested three uses, one per floor. It wasn't until they actually

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refused to come back to talk to us about that proposal, and then a few days ago,

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Vern and I had discussion about this option, and that was somewhat entertained at that point.

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So our position from the board and from the neighbors would be acceptable to have one use

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per floor, third floor residential, second floor residential, and the first floor either be an

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apartment or a full floor commercial space. Thank you. Vern, could you go back to the

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exhibit that shows the first floor as being partially commercial and partial residential?

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Not what you're proposing, what exists now, the old photo. The current photos?

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or the history

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the history one

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sure

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Sure.

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Let's give me one second.

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Oh, by the way, I didn't share this with you, but I should at this point.

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Here's the building.

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These doorbells were installed 70 years ago.

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There's one for the commercial space and one for each of the residential units.

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so that's a total of five doorbells yeah but it's all been abandoned you'll agree with it right

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that was all abandoned many years ago yes the megale family has not kept up with that property

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that's correct for decades okay here's 1961 for family and a business we'll stipulate that at

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some point decades ago this property was used uh mixed use commercial with several apartments uh

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residential dwellings right yes i'm just looking for you had a diagram i believe of the first floor

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uh not history the only diet the only drawing i have is the ones that we're proposing

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one i saw or pictures of the interior i have pictures of the interior of the first floor

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and it showed if i'm not mistaken separation between the commercial and the rear residential

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of the first floor that's correct i mean it was already there um let me see if i can find it for

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you i hope i get what you're looking for as you're looking uh and again we're only asking

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for a three-family dwelling with the with the commercial space i know i know i get that

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i'm not necessarily here's the that's the commercial front

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and i think that's the door to the to the residential rear first floor rear

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that's all the photos that i had all right i thought i saw something different but in

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any event anyone else to testify in this case please raise your hand

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chair we have peter zutter has been unmuted please unmute yourself and wait for the chair

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um can you hear me mr zutter good morning please identify yourselves by your last name

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good morning chairman to chico uh my name is peter zutter z-u-t-t-e-r and i live at 1440

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south broad street we're going to affirm to tell the truth the whole truth nothing but the truth

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i do please proceed i i just um i'm not going to add to anthony's testimony because he has covered

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uh pretty much everything um we we would like the opportunity to work with the owner to put some uh

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to put an agreement in place to control uh some of the things that we sometimes have problems with

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uh we would like to see things like the we've learned that the rsa5 with commercial space

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allows quite a bit of signage by right um in fact it allows um um internally illuminated signage so

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we'd like to see some restrictions on that we'd like the opportunity to work that out with the

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applicant um so if you do support this we would like to ask that you hold your decision until we

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have an opportunity to do that. There are just some provisos. This would not be a zoning board

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proviso. This would be an agreement directly between us and the applicant, which you've seen

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us do before. Signage, trash disposal, some of those kind of issues. We've dealt with Mr.

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Anastasio before. It's nothing unreasonable that we would be asking for if you choose to

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support this so we would like to have that opportunity as anthony said um you know when

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we met last um they just didn't you know they didn't go for the three units and sort of stopped

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talking to us after that and uh so here we are at the hearing um so that i believe is it for me

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Thank you. Thank you. Mr. Anastabio, do you have any problem with maybe a resumption hearing at

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which time we'll just take into consideration any further conversation with the RCO?

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I think that'll be okay. I mean, if you're asking, do you want to hold off on the vote until we come up with the proviso contract, that's fine.

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I think that'll be okay. I mean, if you're asking...

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I mean, again, I've dealt with this RCO a lot, and I understand their concerns, especially with Broad Street, about trash and lighting and just the general look.

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So my client, I'm sure, would have no problem entering into the standard agreements that we've always entered into.

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Okay, so we can do a resumption hearing?

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It'll just be to get...

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Feedback from the RCO?

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Okay, I'm just not quite sure if...

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I think it's pretty clear that what we're proposing,

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they're not interested in, even though we've scaled it down.

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But I may be incorrect in that.

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I don't know.

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I mean, it sounds like there might be some wiggle room,

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if you will, between what you guys are proposing

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and what the community is objecting to.

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And we'll only know that if you all sit down

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and have a conversation.

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Tanya?

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Excuse me, Chair.

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This is Fatina.

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We have Franz Pierre with his hand up.

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Okay, let's get Mr. Pierre on

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from the Councilman's Office.

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Mr. Pierre, please identify yourself

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and I'll swear you in.

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Good morning, Mr. Chairman and fellow board members.

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That's Franz Pierre, that's F-R-A-N-T-Z, last name Pierre, that's P-I-E-R-R-E, zoning liaison for Council Member Johnson's office.

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

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I certainly do.

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Thank you. Please proceed.

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Yes. I don't want to sound, for the sake of not sounding redundant, the council member office would join the coordinating RCO in their opposition to the appeal if it stands as is.

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But we do support the resumption hearing to give the community and the developer a chance to work out their differences and see if they can come to a mutual agreement.

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Thank you. Appreciate that.

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Okay, Mr. Anastasio, you heard that the councilman's office is willing to participate in that discussion.

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So we'll do a resumption hearing.

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Fine by May.

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Tanya, do we have a date?

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May 18th at 10 o'clock.

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Very good.

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okay so mi2020-001522 1310 south broad street this hearing will be resumed

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on may 18th at 10 o'clock a.m and if there was anyone else who wanted to testify we're not

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dismissing your testimony but you'll have an opportunity to meet with the applicant and

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your rco leaders to work to hopefully work things out along with the councilman's office

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we go to number three carol uh chair okay i'm sorry if i could just put on the record i'm sorry

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it's tuesday may 18th just so everyone's aware that's a tuesday tuesday may 18th i know we have

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a couple other hearings that day yeah thank you chair thank you mr chairman should we hear from

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the planning commission or do you want to wait on that yeah why don't we why don't we wait okay

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All right. Thank you.

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Calendar number 3167, 1515 South 9th Street.

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The attorney is Zen Jin.

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Mr. Jin has been promoted to panelist.

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Hi, Mr. Jin.

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Can you put your name and address on the record, please, and spell your last name?

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Yes. Good morning.

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

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I do.

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

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I do.

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Have you emailed the exempt packet with proof of ownership, tax compliance, photos, and or plans,

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a copy of the refusal or referral five days in advance of this hearing and have you met with

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the RCO and do you have a letter? Yes to all questions. Thank you. You may proceed. Thank you.

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Mr. Chen, before you begin, I have some notation that there's a letter of non-opposition with the

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proviso limiting your application to three units as opposed to four. That's correct. That's something

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your client and you agree to? Yes, we have agreed to that. Then you can make life easier for all of

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us. Yes. By showing us the proviso. All right. Yes, absolutely. If I may go ahead and share

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If I may go ahead and share the information, I'll make this brief.

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the information, I'll make this brief.

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So we have submitted the RCO letter from Pashank Square Civic.

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We actually had a meeting and a discussion with the Civic Association.

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They took the position that the first four units could be combined into one.

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Rather than leaving it as four units, they voted in non-opposition to three units.

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The other provisals are more construction and fire code related. I believe those would be

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addressed when my client goes to certify a building permit, particularly for the exterior

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staircase to comply to code requirements. The property itself was purchased as a four-family

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dwelling. And it is, from the photographs, you'll see that it was actually set up some time ago.

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So it does need a little bit of work on the exterior, which we had agreed to as part of our discussion with the community.

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But essentially, this property's meters are separated.

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There are actually five electric meters, multiple gas meters, as well as the water heater being separated.

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So it's a building that was set up a long time ago and is now in its existing condition.

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Again, this is an application to legalize what is existing.

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There are no longer a commercial space in the front.

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This has been converted to one residential unit, and there's one in the back, one on

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the second, and one on the third.

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So that makes up the four units.

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The agreement is to kind of combine the first floor, front and back, into one unit, and

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that's what the community asks for, and we're in agreement with that request.

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so given that we would ask the board's consideration in a proviso maximum no more than three units

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I don't believe plans need to be stamped because there would have to be changes on my

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client's part to redo floor plans in order to conform to that requirement

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if the board has any questions I would certainly be happy to try to answer them

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Do you have your client?

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Yes, my client should be here under a Zoom account of Yongchen, Y-O-N-G-C-H-E-N.

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However, his name is not Yongchen.

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He's working off of his son-in-law's account.

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If you can, please raise your hand on your Zoom program so that you can be identified by the administrator.

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mr jen in the interest of time uh the board will stipulate that you being an officer to court

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your your client would adopt your testimony mr yong just uh i mean the uh the account was just

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promoted because i see the name all right there he is okay yes uh mr john are you here with us

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i guess it would be better to stipulate stipulate any questions from the board no no

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no anyone else would like to testify in this case please raise your hand

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i see no hands here thank you planning commission

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Good morning, Mr. Chairman, members of the board, David Fecto, City Planning Commission.

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The comprehensive plan recommends this property for single-family use.

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There is documented history of this property for two residential units, but not for four.

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We recommend that the board approve the requested variance with the provisals.

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Thank you. MI 2020-003167. 1515.

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I'll do that again. MI 2020, that's 003-167-1515 South Main Street. My vote is yes with the proviso. Maximum three units.

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My vote is yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Yes with proviso.

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Thank you.

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Thank you. Calendar number 1739, 2110 North 2nd Street. The attorney is Leo Malpahill.

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