civus
Hearing video

ZBA Hearing - August 17, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Aug 17, 20223h 52m

Thank you.

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Thank you.

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Let me know, Tanya, when people are in.

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Okay, Chair, we're at 28.

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You can begin as you wish.

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Good morning.

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My name is Bill Bergman, and I will be chairing this morning's EBA hearings.

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With me is Carol Tenere, our Vice Chair, President, Mr. Chairman, and Ismail Shahid,

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our Board Secretary. President, Mr. Chairman. Also here is our Executive Director, Tanya Sunkit,

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and our Board Attorney, Hillary Emerson. Before we begin, here is our virtual format.

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Be advised, proceedings are being recorded. By participating, your knowledge agreement

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to be recorded. A video will be available by contacting tonyasunkett at phil.gov. For the

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benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before

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testifying. If you are participating by phone and you wish to testify, press star nine to raise your

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hand and star six to unmute. To enter an appearance date, call 267-270-5548. Leave your email address

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and their property in question. And finally, the question answer box on the screen is not

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for comments or testimony. All comments should be referred to our Executive Director, Tanya

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something. So before we do our continuances today, here's several announcements that we have.

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One, effective July 28, 2022, if the case is continued, attorney or applicant moving party,

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the attorney or applicant has 90 days from that date the case is continued to either request a

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new hearing date, ask for an extension of a moving party, or withdraw the case. If the ZBA staff

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is not contacted by the end of the 90-day period, the case will be automatically enlisted for a new

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hearing. Please note that extensions for moving party status must be sent to the Executive

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Director, Tanya Sunken, with Board Attorney Hillary Emerson copy. Two, the ZBA staff is

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currently sending out letters to listed applicants on appeals filed prior to 2019 if the case has

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been pending and a hold status. If an applicant or their attorney does not contact the ZBA staff

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to discuss the statements, the next steps for their case within the time period stated in the

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letter, the case will be considered abandoned and administratively closed. Questions about either

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of these policies should be directed to Executive Director Tanya Sunkett and our Board Attorney

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Hillary Emerson. So now let's look at our continuations that we have this morning.

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Number nine, MI 2022-001-929-2252 South Hick Street. That case is continued. Number 15,

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MI 2022-001-934-769 South 17th Street. That case is continued. Are there any comments

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about either of those cases in the virtual audience?

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Good morning, Mr. Chair. This is Jason Hand. I do not see any hands at this time.

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Thank you. Any other additional requests for continuance for this morning's hearings?

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Okay, Chair, we have several hands up. The first hand is Mr. Jeffrey Young. I will allow him to speak at this time.

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Good morning, members of the board.

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Good morning, Mr. Young. Could you state your name and spell for the court reporter, please?

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Good morning, Mr. Young. Could you state your name and spell for the court reporter, please?

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Yes.

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Yes, good morning. Jeffrey Young, J-E-F-F-E-R-Y-Y-O-U-N-G.

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My address is 3900 Ford Road, Suite B, Philadelphia, PA 19131.

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I am requesting a continuance on calendar number MI2022-001943.

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The property address is 3113 North 16th Street.

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Thank you, Mr. Young.

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That case will be continued.

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And I will ask that the attorney be moving party as well, Chairman.

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Case will be moving party.

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Thank you.

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I appreciate your time.

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Any other requests for continuance?

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Okay, sir. The next hand we have up is Mr. Justin Crick. I have allowed him to speak.

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Good morning, Mr. Crick. Could you state your name and spell for the court reporter?

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Yes, Justin Crick, J-U-S-T-I-N-K-R-I-K.

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Do 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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What case, sir?

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This is for calendar number MI 2022-002159. It is 1944 Caster Avenue. I represent the applicant. I don't know if someone from the RCO intended to request the continuance or may be on to do so, but we believe that the RCO to be the moving party, we were scheduled to meet with them on August 4th, but they had a breakdown in their air conditioning system.

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and needed to reschedule. So we have not met. Number 7 MI 2022-0021-59-1944 Caster is continuing

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to turn a moving party. Thank you. Other requests?

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Okay, so the next hand we have up is from Strawberry Mansion Community Concerns. I have

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allowed them to speak hello could you could you please state your name and spell for the court

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reporter please good good morning my name is bonita cummings that's b-o-n-i-t-a c-u-m-m-i-n-g-s

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right do you swear for him to tell the truth the whole truth nothing but the truth

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i do what case um i i got on late so i don't know if you read 1840 north marston street

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the zp number was two zero two one zero one six five six eight i i did i i was getting ready to

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to go to that you're requesting the continuance yes all right is the applicant present

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yield room dean

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so mr adim is um present i've allowed him to speak

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Okay.

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Can you hear me?

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Yes.

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

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Yes.

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Yildrion Iden, Y-I-L, D as in David, I-R, I-M as in Mary, last name A-Y, D as in David, I-N as in Nancy.

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Right.

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

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I do.

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The RCO is looking to continue this case.

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We'll wind up continuing it.

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um i would mention that uh is this owned by an llc uh no it's owned by me okay all right all right

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so the case will be mr chair this is this is hillary um the the the property address is in

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the name of an llc um and in that and i i realize that you may be the the applicant or you may be

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the llc um but if the name the name on the deed is an llc um then you need to be represented by

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an attorney before the zoning board i do have an attorney present on the uh on the meeting as well

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okay okay so we're going to we're going to continue this case and you'll have your attorney

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with you when it when when it's called right my attorney is already present sir and okay thank

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Thank you. So the case is continued.

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MI 2022, 001-935-1840, North Martian Street. Case is continued.

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Mr. Chair, I just wanted to clarify for the applicant, the case is being continued because we did not receive any exhibits.

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Okay. May I speak before we continue?

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You can speak briefly, but the case is going to be continued.

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OK, but my whole argument was that I didn't want to I didn't want a continuation.

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The RCO, I submitted documents to you folks showing that I made every attempt.

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I've been making every attempt for the last six or seven months trying to arrange for a meeting with the RCO and the RCO.

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six or seven months trying to arrange for a meeting with the RCO and the RCO would not give

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me a hearing date. The stuff that I have presented via email, I sent this in. I have confirmation

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that it was sent to the address that was provided in the instructions that all the emails I have

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back and forth with the RCO. I don't think it's fair to me. So here's where we're going to be.

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We're going to continue the case. It will be tried the next time.

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Must be tried.

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Okay, but even to this day, I still can't get an RCO.

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I can't get a meeting.

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We will try the hearing the next time.

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I'm sorry, Chair.

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This is Tanya Maskey.

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Sure.

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Sir, did you send, as the instructions stated, all documents to Sharon Saletta email address and RCO ZBA email address?

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I have.

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I don't have any.

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When did you send them?

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I sent them on, I believe it was last Friday or Thursday, one of those days.

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Okay.

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And Hillary, you didn't receive them at all?

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No, the only thing I believe I received was an indication that the applicant was having

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difficulty meeting with the RCO, but I did not receive an exhibit packet for this case.

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Okay.

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Also, sir, you're required to meet with the RCO.

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and if you have any kind of issues or concerns reaching out to them you're welcome to reach out

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to the city council person's office where they may be able to intervene and arrange a meeting time

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for you guys to meet then reach out to my office directly we will schedule you sooner than our

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february dates and allow you to go forward sooner than later okay so we're going to continue on

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and we'll expect your call thank you chair okay thank you sir any other requests for continuance

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um yes we have a mr frank turner with us and raised i have allowed them to speak

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um thank you and uh good morning uh mr turner could you state your name and spell for the

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court reporter please certainly my name is frank turner uh f-r-a-n-k-t-u-r-n-e-r do you swear for

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him to tell the truth the whole truth nothing but the truth i do what what case sir um this is uh

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i represent the owner of 2338 north 16th street um case number zp 2020 000 854

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what's the address one more time the address 2338 north 16th street okay that case is going

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to be withdrawn am i right yes yes you're right i was i was just i i will announce that shortly

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as soon as i'm done to continue right thank you that's that was my only um sure absolutely sir

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are there any other requests for continuance

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um yes mr chair we have one more hand raised from a mr from a marco doce i have a lot of

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to speak. Hi, could you state your name and spell for the court reporter, please? Marco Doce,

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A-M-R-K-O-D-O-C. Do you swear or affirm to tell the truth, the whole truth, and nothing but the

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truth? Yes, sir. What case? The reason why I'm here is for 1325 East Upsall Street, and I don't

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know if my case is up yet or not. I wanted to make sure. Your case has not been called. It will be

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call shortly i am i do apologize sir thank you any other requests for continuance

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i'm sure i do not see any further hands at this time okay we have a withdrawal mi 2021

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000 360 2338 north 6th street 16th street that case is withdrawn

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And number three, MI 2022-001-925-1533-37 East Moy Mencing Avenue. We have no exhibits for this. It's the first listing. Owner is Eugene Montanaro. Mr. Montanaro?

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Mr. Chair I don't seem to see. Okay so MI 2022 001 925 1533 to 37 East

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Boyd-Mensick Avenue. This is no exhibits, first listing, cases continue. And number eight,

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MI 2022, 001-923-2200 Island Avenue, Cian Investments is the listing.

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2200 Island Avenue, Sion Investments is the listed owner.

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No exhibits, first listing.

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Are there any representatives present?

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No hands at this time.

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So MI 2022-001923, 2200 Island Avenue, that case is continued.

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Mr. Chair, I'm sorry to interrupt you, but Mr. Craig Melodosian has a stand raised.

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Do you want me to allow him?

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Sure.

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Understood.

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

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Hello?

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You can continue.

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Hello?

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hi could you state your name please and spell it for the court reporter yes chair craig c-r-a-i-g

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last name meladosian m-e-l-i-d-o-s-i-a-n right do you swear a firm to tell the truth the whole

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truth nothing but the truth i do are you involved in 2200 island avenue yes chair i'm the coordinating

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rco okay all right so i'm looking for the owner at this point um we have no exhibits this is the

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first listing. That's fine. We have two cases currently with this owner, and we've not heard

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from them regarding even meeting with the RCOs. All right, fine. Thank you. Thank you. All right.

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Mr. Chair, this is Hillary. I just want to note, too, for this case, because it's an LLC, again,

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an attorney will be needed to hear the case before the board. Right. Attorney will be needed. Okay,

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So MI-2022-001-923-2200 Island Avenue, cases continued.

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And lastly, number 12, MI-2022-001-939-2832,

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Cecil B. Moore Avenue, Travis Lively, no exhibits, first listing,

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property owners in LLC.

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go on about that name in the audience so mi 2022 001 939 2832 cecil b moore avenue that case is

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continued we're going to go to the regular list

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number one mi 2022 001 940 1325 east upsell street henry clint is the attorney

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letter of opposition from the 50th ward rco mr clinton

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Please raise your virtual hand, Mr. Clinton, sir.

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Mr. Clinton will be rejoining as a panelist.

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Sure, thank you.

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good morning mr chairman members of the board good morning mr clinton could you state your

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name and spell for the court reporter please sure henry clinton h-e-n-r-y clinton c-l-i-n-t-o-n

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do you swear for him to tell the truth the whole truth and nothing but the truth i do

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um can you identify could you please identify your client in relationship to the property

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Sure. My client's name is Mark Doce, D-O-C-E. He's the owner of the property with his wife, and he is on the call.

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Okay. Our Vice Chair, Carol Tenere, has a few questions, Mr. Clinton.

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Good morning, Mr. Clinton. 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, 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 with the

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rco and do you have a letter yes to all the above okay great you may proceed and start sharing your

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screen thank you mr nary thank you uh is the cover page visible yes all right thank you mr chairman

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But again, good morning, Henry Clinton from Mark Doce.

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This property concerns 1325 Upsall Street.

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It's a straightforward use request, use variance request.

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And I will address the comments in the 50th Democratic Award letter, which appears to be one of opposition.

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But I think if we look at it further, it's opposition to a triplex, not necessarily a duplex,

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but hopefully someone from the RCO is on the call and can explain that.

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The RCO is on the call and can explain that.

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So we have a situation where this is a unique circumstance and unique conditions, physical conditions.

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The property is an RSA-5 admittedly zoned and request is for two apartments, two bedroom, one bath apartments in a corner property that historically was used as a triplex.

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So I'll go through some of my comments first. First, this is a large corner lot. And I'll go to the aerial photograph first and show you that. This is a large corner lot in the neighborhood. It's about 30 wide by 85 deep. All the other interior properties are 18 by 85.

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And in this neighborhood, and I'll show you in a later aerial photograph, all the corner properties are multifamily, either two or three, including across the street, as well as down at the end of the block.

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And I have historical records to indicate that. This property was used as a three-family, and in the letter from the RCO, it indicates it was.

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