civus
Hearing video

ZBA Hearing - February 14, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Feb 14, 20245h 47m

swear or affirm to tell the truth the whole truth and nothing but the truth yes please proceed

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counsel thank you uh miss samuels did you have a chance to hear my presentation this afternoon

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I did.

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And do you adopt my statements as true and correct in your own if I'd given you a longer

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chance to speak?

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Yes.

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Thank you very much.

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We don't have anything further, Mr. Chair, but we're happy to answer questions.

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One quick question.

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There's no parking here at all?

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There is no parking here at all.

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There is street parking on both sides of the street.

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Okay.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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Questions or comments from our attorney, Hillary Emerson?

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Very, very briefly.

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Mr. Quine, Ms. Samuels, was her last name formerly Rooms?

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Because that's what was on the deed that was submitted.

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Correct.

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Yes, that was her former name.

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Okay.

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Thank you.

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Absolutely.

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I'll send your comments from the virtual audience.

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Yes, Chair.

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I have Kathy Dowdell with her hand up.

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She will be allowed to speak.

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Hi.

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

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Yes, my name is Kathy Dowdell, K-A-T-H-Y-D-O-W-D-E-L-L.

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

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I do.

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Please proceed.

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I'm a member of the Cedar Park Neighbors Zoning Committee.

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I just wanted to say, to clarify, we don't object to this in concept.

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We are worried about a lot of these old buildings being, that have been multifamily for many years.

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were very concerned about the life safety issues hence the um request that you hold this until

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there's a certified fire alarm system if the zoning board feels that waiting for a certificate

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of occupancy accomplishes the same thing um i think we're probably okay with that um i also

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want to add i don't want to sound too frustrated here but the petition is baloney um you know

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There's a public meeting held. All of the neighbors get notified. It's disappointing that we don't get better turnout at the public meetings, but to take a petition around without impugning the good faith of the neighbors, they don't see the full presentation.

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They may or may not understand the issues. And so just sort of trotting a petition around to them is fine, but it's not something that we can really accept as evidence of neighborhood support.

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That being said, I don't think there's a lot of opposition to this.

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I don't think it's a particular problem.

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I just would look at that petition with some skepticism.

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Thanks.

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Well, thank you for your comments, and we appreciate you calling us.

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Is there anyone else in the virtual audience?

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There are no more hands, Chair.

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Planning Commission.

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Good afternoon, Chair and members of the board.

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This is Greg Baldwin, City Planning Commission staff.

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The comprehensive plan recommends no change to existing residential single-family zoning.

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The applicant seeks to legalize an existing property with three dwelling units.

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The proposed use variance would alter the essential character of the neighborhood, which is mostly the smaller-sized lots.

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The appellant has not supported their hardship claim with evidence of unique physical circumstances or conditions of the property.

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The City Planning Commission recommends that the zoning board deny the variance.

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Number eight, MI 2023-006-566-917 South Bernard Street.

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I vote yes, with proviso.

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Must obtain a certificate of occupancy.

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Thomas Holloman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Thank you, Mr. Klein.

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Thank you.

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Have a good afternoon.

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Okay.

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Okay. Number nine, MI 2023-005-372-2644-56 East Allegheny Avenue. Stephanie Boggs Magna is the attorney. Recommendation of support from the Southport Richmond Civic Association. Vote was unanimous. And there's also a letter of non-opposition from Council Member Squillard.

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Stephanie Boggs Magna has been promoted.

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Good afternoon, counsel. How are you? Could you please state your name and spell for the the sonographer?

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counsel how are you could you please state your name and spell for the

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Stephanie Magana, MAGAGNA. Could you identify your client in relationship to the property?

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Sure. I'm here today on behalf of Fulton Bank. They're the owner of the property.

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All right. Mr. Holman has just a few questions.

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Good afternoon, madam. Excuse me.

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uh do you agree to waive the reading of the refusal and stipulate to its count its accuracy

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yes i do did you email all the exhibits and documents as required five days in advance to

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this hearing yes i did thank you please proceed and share your screen thank you

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so this property is 26 44 to 56 east allegheny avenue um it's occupied by an existing building

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that has historically been used as bank most recently prior to Fulton Bank coming into

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ownership of the property by merger with Prudential. It was occupied as a Prudential

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Bank location. Before that, it was a Colovia Bank location. There was existing signage and

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connection with the prior tenant, but since my client purchased this property in 2022,

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following that merger, they have been looking to replace the signage at this location to identify

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this is now a location for Fulton Bank. Some signage that is permitted in compliance with

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the zoning code has been installed to date. Other is temporary pending approval. But this application

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is seeking to document an existing flat wall sign that was replacing a prior sign to identify Fulton

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Bank, as well as we are seeking approval for a wall sign that will be located above the second

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floor windowsill, which does require a variance in the CMX1 commercial zoning district where this

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property is located. Again, here's a picture of the sign that's proposed that does require a

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variance. A wall sign placed affixed to the brick of the building above the second floor windowsill,

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similar to one that was here from Prudential Bank, similar in its size and its scope, its height,

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its location, with the same intention. Its dimensions and its design vary slightly,

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which is the reason that we're seeking additional variance approval, but it is intended to be

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consistent with what was previously there, obviously in Bolton Bank's logo and its design,

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for similar purposes of identifying this now as a Bolton Bank to function as a change of copy from

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the prior bank. And I'll note too that this is another picture of the Prudential Bank sign that

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was there previously. I'll note that this having a wall sign above the second floor windowsill

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seems to be commonplace of this property here's a picture uh when it was up here's a polonia bank

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location you can see a very similar side and design walls into the one that we're replacing

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into the one that we're proposing as well as was mentioned um chairman thank you um the south port

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richmond civic association has submitted a letter of support for this application we did meet with

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them presented the proposed plans um and we're happy to have their support here um so with that

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I'll call Mike Sondland. He's with the back of SignWorks, the sign company that's working with

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Fulton Bank here to adopt my testimony. And counsel, if I'm not mistaken, you also have

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support of the local councilman. Yes, you noted that. I had not received that prior. Okay, good.

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Thank you. Mike Sondland has been allowed to speak. Sir, could you state your name,

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please, and spell for the stenographer? Sure. Mike Sondland, S-O-N-L-I-N. Do you swear or

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firm to tell the truth the whole truth nothing but the truth i do please proceed counsel hi mike

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did you hear the statements i made to the board this afternoon i did are they correct and accurate

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to your knowledge and would you adopt them as your own absolutely thank you um with that we're

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happy to take any questions i'll know we also have mark medicola from fulton bank here if there are

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any questions for fulton questions from the board no mr chairman no chair questions or comments from

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

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audience there are no hands chair planning commission good afternoon chair members of

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the board this is greg baldwin planning commission staff the comprehensive plan recommends a zoning

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map change to commercial mixed use two it's currently zones commercial mixed use one the

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The proposed flat wall sign is consistent with documented prior use of this property.

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you.

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MI 2023-005-372-2644 to 56 East Allegheny Avenue, 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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Counsel, could you stay on the phone?

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I mean, yeah, could you stay on the line?

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I mean, yeah, could you stay on the line?

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We want to move to number 14.

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We want to move to number 14.

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Thank you.

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So MI 2023-005-376-1834 Argonne Avenue.

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Could you just state, you've already been sworn, could you just state your name for the record, please?

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Sure, Stephanie Magana.

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And for the record, identify who your client is.

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My client is Fulton Bank. They are the owner of the property.

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Okay. And Mr. Holloman has a few questions.

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

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Yes, I do.

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Did you email all of the exhibits and documents as required five days in advance to this hearing?

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Yes, I have.

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Thank you. Please proceed and share your screen.

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And I would also mention that there's a letter of support from the 26th Ward RCO, Republican RCO.

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Thank you, Chairman. So again, this is a location that was prior previously Prudential Bank. It was acquired by Bolton Bank by merger in 2022. It's an existing bank location. The building has been used as a bank for some years. And Bolton Bank is in the process, again, of updating the signage that was at this location to now recognize it as a location for Bolton Bank.

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So here are some images of what the property did look like in the signage that was here as an accessory to the Prudential Bank location that previously operated here.

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This is the front edge on Oregon Avenue.

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This is the view of the parking area and the signage again on Oregon Avenue.

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And here's again from 19th Street, the accessory signage that was previously located at this location.

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In connection with updating the signage, Fulton Bank is seeking to document two compliant wall signs that have been installed, as well as a projecting sign that was approved by the Art Commission.

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It's a copy of the wall signs that we're looking to document the change of copy.

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Frennage on Oregon Avenue, this is the new sign.

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Again, parking area along Oregon Avenue, you can see the change of copy.

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um another picture um along oregon avenue there is also a projecting sign as i mentioned um facing

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19th street that we're looking to the prior sign was located higher building it's been relocated

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below the second floor windowsill um here and we do have our commission approval for that change

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in design um the application we're seeking variance approval for that portion of our

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application is for two wall signs that are listed above second floor windowsill. You can see the

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proposed sign here on plans. Again, the point of this variance is to replace what was previously

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a sign at the same location and height for Prudential Bank with their logo and copy with

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one now that identifies Fulton Bank. The intention is the size and dimensions of the signs vary

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slightly, but their intention is intended to be the same and within the same similar scope to

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identify the building along Oregon Avenue. Here's the past conditions against what was proposed.

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Here's a copy of the sign that's proposed against 19th Street, again, to replace the one that was

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previously there for Credential Bank. Thank you for mentioning that we do have a letter of support

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from the 26 Republican Ward RCO. I'll note that that RCO was just recently assigned as the

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coordinating RCO for this matter at the very end of January. We shared our materials with

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them given the limited scope of time um and we're happy to have their support here um we were

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originally assigned as the coordinating rco gerard estate area residents we reached out to them

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numerous times to try to set up a meeting from when this case was assigned to them in september

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of last year with no success um ultimately leading to the council person to re designate

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the coordinating rco in this matter um but in connection with trying to reach out to them we

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we did send out an initial notice letter

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more than 45 days in advance of this meeting.

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So we do believe we've satisfied

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the notice requirements under the code.

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And again, we thank the F26 Award RCO

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for their cooperation last minute

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and for their letter of support.

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And finally, and here's a copy of that letter for the record.

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But with that, I'll ask Mike Sondland, again,

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who is with Effective SignWorks,

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the sign company working for Fulton Bank

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to raise his hand and adopt my testimony.

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sir yes could you state your name please again sure mike somlin s-o-n-l-i-n right and you've

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already been sworn am i correct yes all right please proceed counsel hi mike did you hear the

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statements i just made to the board on this matter i did are they correct and accurate to your

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knowledge and would you adopt them as your own absolutely thank you right questions from the

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board no mr chairman no chair questions or comments from our attorney not at

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

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this time mr. chair questions or comments from the virtual audience

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no hands chair planning commission good afternoon chair and members of the board this is greg

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waldman planning commission staff the comprehensive plan recommends no change to the existing

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commercial mixed use zoning the proposed wall sign dimensions are consistent with nearby

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properties they're also minimal and do not conflict with the purpose and spirit of the zoning code

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The City Planning Commission recommends that the Zoning Board grant the variance.

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Thank you. MI 2023-005-376-1834, Oregon Avenue, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Thank you.

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Thank you, Council.

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So, number 10, MI2023, 006511, 248 Geiger Road.

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Justin Crick is the attorney.

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