civus
Hearing video

ZBA Hearing - July 19, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Jul 19, 20221h 41m

the property and our certificate and our certificate of tax plan showing that we're in

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good standing with the city with that being said i would ask that mr matheson virtually raise his

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hands so he can dot my testimony and we can't answer any questions whether it's me Mr.

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Mathis or Mr. Johnson excuse me Mr. Chairman go ahead Mr. Chairman can we request can we

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request that we hold the vote we can we can let's let's continue on and we'll hold the

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vote. So put Mr. Matheson on. He's on, sir. Could you state your name and spell for the court

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reporter? Kevin Matheson, K-E-V-I-N, M-A-T-H-I-S-E-N. Right. Do you swear for him to tell the truth,

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the whole truth, nothing but the truth? Yes. Proceed, counsel. Oh, yes. Mr. Matheson,

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you heard everything i stated today yes is it true correct yes and do you adopt it as your own

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testimony yes why isn't from the board mr yeah i have a question um didn't he agree to make all the

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Didn't he agree to make all the changes that were requested by Mr. Holloman?

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changes.

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And are those changes...

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Well, those changes have nothing to do with zoning at this point, right?

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Okay, so we still want to hold this.

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I just wanted to make sure I understood that.

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What we're going to do is hold it, and then we'll have a discussion about it.

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But my understanding is this is the word talk in the zoning and that's building code.

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And I think what we want to do is just get together as a group and figure out where we stand with some of these issues.

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OK. Oh, I totally agree. OK. Any questions from the board?

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

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I see no further answer, Mr. Chair. Planning Commission.

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Good morning chair and members of the board this is Greg Baldwin planning commission staff

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the comprehensive plan recommends no change to the residential single family zoning at this location

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there is no unique physical condition of this uh 1466 square foot vacant lot that would prevent

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it from being used as a um in conformance with the zoning code either multi-family use or backyard

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parking are necessary to enable the applicant to derive value from the property so this

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application fails the criteria listed in the code for granting use variances the city planning

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commission recommends that the board deny the use variances thank you hillary we close the record

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and we'll we'll take this under consideration next wednesday morning yes yes next wednesday are um

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yes we can we we have session next wednesday morning july 27th right right so the record is

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closed and we will take

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this under consideration next Wednesday

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morning, an executive session

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and vote on it

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Monday morning.

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Okay, Mr. Nockamson?

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Thank you for your time.

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Hi, Chair. This is Tanya.

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Just a slight revision. You will

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vote on it Wednesday?

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Yes. Not Monday. Thank you,

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Chair. I thought I said Wednesday.

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I'm sorry.

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No worries. Thank you kindly.

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Okay. All right. Thank you.

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M-I-2022-000-638-443-Martin Street.

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Walter Hodge, pro se.

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Letter of support from the Central Roxburgh Civic Association.

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Mr. Hodge will be joining as a panelist, sir.

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Thank you.

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Good morning, Mr. Hodge.

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Good morning, Chairman, Vice Chair.

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Hi, good morning.

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Could you state your name and speak for the court reporter?

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Yes, Walter Hodge, W-A-L-T-E-R, last name H-O-D-G-E.

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Right.

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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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I do.

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Our Vice Chair has a few questions for you.

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Mr. Hodge, do you read away the reading refusal and stipulate to its accuracy?

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Excuse me, this is Hillary. This is a pro se case. Can we read the refusal into the record, please?

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Yeah, do you know what, Hillary? I do not have.

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It should be on the...

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I have it.

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I have it.

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I thank you.

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For use as a two dwelling units in an existing structure, whereas the proposed use to dwell units is expressly prohibited in the RSA3 residential district.

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That is correct.

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I did have that. I'm sorry, Mr. Chair.

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Sure. Have you emailed the exhibit packet with the required documents consisting of proof of ownership, tax compliance, a copy of the refusal or referral, photos and or plans of this property five days in advance of this hearing, and have you met with the RCO, and do you have a letter?

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I believe I have all those documents uploaded, yes.

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Okay, great. You may proceed and please share your screen.

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Certainly.

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I apologize. I had to switch over to a Mac. I had some difficulties on my primary.

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Thank you again this morning for allowing me to present my Board of Appeal for Variants.

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My name again is Walter Hodge. I'm the current owner of 443 Martin Street, Philadelphia, PA 19128.

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I acquired the property zoned as a CMX-1, threw in a quick claim on March 2nd.

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I acquired the property zoned as a CMX-1, threw in a quick claim on March 2nd, 2021.

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My uncle, Francis McColpin, that's M-C-C-O-L-P-I-N, present on today's call, inherited it on October 21st, 1995 as the executor of state after my grandmother, Elizabeth McColpin, passed away.

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The house was in need of extensive repairs, so my uncle and I had an agreement that I'd fix up and collect the rents on the property for passive income.

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The plan was to convert the beauty salon, which was the commercial real estate, which he stopped leasing in December 2020, to a studio apartment, making it a triplex, and then renovate the two separate units.

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However, when the use change was declined to convert the commercial back into another unit, I requested an appeal to reinstate it as a duplex, which is what it's been since my grandparents owned it, which they purchased in 1959.

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I have sharing today the front intersection of Martin Street and Mitchell Street, which is the commercial storefront beauty salon store access.

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The plans were, again, to make it part of the first floor unit after the studio apartment was declined.

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i'm showing um the changes for adding 5-8 firewall fire protected sheetrock i removed

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old plaster that was deteriorating and furring strips that were rotted i framed it out so i

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can get new insulation in there but there was no structural uh changes it was just for the depth i

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need it for the insulation. I have a side view and a back view. The basement, which is standard

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and set up exactly the same it's been. And here's an internal photo of what the beauty salon looked

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like back in 2019, right before I started the renovations. I started the renovations actually

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in April of 2021, but the beauty salon was stopped being leased in December of 2020.

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This is how the layout would have been for two-bedroom first floor apartment.

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This would be the layout for the second floor apartment.

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on atlas i'm showing that my house as well as the neighboring unit is cmx1 within an rsa3

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community my research stated that cmx1 zoning allows for multi-units so i was concerned

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or confused when the denial came through.

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The letter of refusal stated that it was adjacent to residential district.

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Further clarification from the zoning board, or L&I, I believe,

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was because all the units in that area are residential.

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However, this unit, again, has been a duplex with the storefront,

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So three properties since my grandparents owned it in 1959.

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It went from a beauty salon to a grocery store at one point, back to a beauty salon.

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But the second floor apartment was always rented.

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I have the letter for appeal uploaded, as well as the Central Roxburgh Civics Association's support, as you stated, Chairman.

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uh we had our meeting on march 3rd with 58 people in attendance they had some requests stating that

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i would not add a two-car parking space in the backyard it was currently a one-car parking space

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i stated that the only reason i was going to add two cars was because when i was filling out the

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appeal it stated that how would the additional units affect the community so i thought two-car

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parking space off street parking would be better however they only wanted one because they didn't

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want to lose the greenery in the backyard. So I accommodated that request. I left it a one car

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parking space, but I repaved it rather than having people park on the grass, which is what they were

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doing. The other request was not to put fake grass on the side yard. I wanted to utilize the new fake

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grass, not turf, but there's a real, it looks like real grass. It's just to have low maintenance

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since I will be renting it.

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However, they wanted to keep that greenery as well

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and requested that I also put new shrubs in there,

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which will be done when the renovations are complete.

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I have uploaded my tax clearance as of March 3rd. It is behind on tax clearance now, but I did submit a change form since the commercial property and liability, tax liability, has not been leased since 12 of 2020.

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I have uploaded my tax clearance as of March 3rd.

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It is...

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It's only $8 a month, so if I have to pay the last four months, I will, but I am trying to get that removed from the property as well.

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Here's a current photo of my progress, Mr. Chair. Sorry, I just wanted to note for the record that the property taxes, which is what the board looks at, not the business taxes, currently have a zero ballot. So the applicant is in compliance.

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Thank you.

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Correct. I'm sorry. Thank you. I appreciate that.

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here's the current progress i did create or not create i did uh redo uh outside uh wall exterior

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wall sheathing with that which had a permit done uh there's been a little bit more work outside but

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it's not visible at the current time in the photos that i've uploaded but this is a proof

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of evidence stating that there was two living room spaces at one point

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This is often recently updated and in the process of being updated.

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Here's evidence of two kitchens being present, and you can tell that it was dated, and they've been there for quite some time.

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And then here's evidence of proof of two bathrooms being at the property.

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They have the same background, but they are obviously different.

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You can tell by the tub positionings.

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And then this is another beauty salon photo from both angles.

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This is license information that I pulled from L&I Eclipse showing that license number 251539 was for a rental and it was acquired on March 30th for 2003, all the way up until March 6th on 2020.

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And then below, there's a license number 189470 for the commercial activity, showing that he was paying for rental licenses and getting two incomes from this house while he lived in the first floor apartment.

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I do have him on the call currently as a previous owner.

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Again, he's my uncle, Francis McColpin, F-R-A-N-C-I-S-M-C-C-O-L-P-I-N.

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and if you need him he can join to adopt my testimony but that's all i wanted to present

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for this i think we're we don't need the previous one we're fine i'm sorry okay thank you all right

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um questions or comments from the board no mr chairman no mr chairman questions or comments

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from the virtual audience mr chair this is hillary i just wanted to actually ask a quick

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question of the planning commission since this is a cmx1 adjacent to an rsa3 wouldn't there be

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a requirement that there be two parking spaces and if only one is provided that would generate

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another a need for another variance greg could weigh in on that greg yes i can pull that up in

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the code but i'll take me like a second or two okay okay no problem let me let me continue anybody

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in the virtual audience have a comment i don't see any further answer mr chair okay let's wait

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on greg a moment mr chair if i may the the three units that's been present the one was a commercial

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storefront which had activity for uh beauty hair as well as the the second unit upstairs has not

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presented any challenges to the community uh since it's been in place all right sure thank you

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um

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I'm not sure about the parking requirement, so is that necessary to proceed in this case?

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No, that is fine. I just want to note for the record that that would technically be another refusal, and the board would be including that within its decision today, if there was only one parking spot provided and two were required.

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Okay.

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Thank you.

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Sorry about that.

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Where do you stand on the project, Greg?

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Okay, sure. So, in 2014, the zoning map was amended to CMX1 dislocation in accord with the recommendation from the comprehensive plan.

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Okay.

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Sure.

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So in 2014, the zoning map was mentioned.

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The property has a prior recorded legal use as a single-family dwelling with a commercial storefront.

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The proposed use for a two-family dwelling unit is therefore consistent with the existing internal configuration of the building.

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The Planning Commission recommends that the Board grant the variance.

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Thank you. Hillary, do we want to say anything about the parking?

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No, it's fine. It's fine, Mr. Chair. I just wanted to note for the record that if there's only one parking space provided, that that would be another variance and it would be incorporated into this decision.

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Great. MI 2022, 000638443 Martin Street. I vote yes.

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Carol Tenere, my vote is yes.

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Thomas Howard, my vote is yes.

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Thank you, Mr. Hodge.

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Thank you, Chairman, Vice Chair, Greg and Hillary.

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I appreciate your time.

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Oh, thank you.

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Thank you.

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MI 2021-001-675-614 North 64th Street.

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Leo Movahill is the attorney.

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Letter of opposition from the Neighbors of Overbook Association.

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Main concern was lack of upkeep of the lot by current owner.

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good morning mr chair this is jason hand again i do not see mr mulvihill in the virtual audience

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this morning okay okay um this is first listing tanya

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um chair i don't know if you could respectfully um do a continuance i would

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okay good so mi 2021 001 675 614 north 64th street cases continue

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Number 15, MI 2021-001-010-6747, Castor Avenue.

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No letter from the coordinating RCO.

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SITE VISIT WAS HELD. IT APPEARS THE RCO DECLINED TO HOLD THE REQUIRED PUBLIC MEETING.

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MR. GRACIA WILL BE REJOINING AS A PANELUS.

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GOOD MORNING, MR. GRACIA.

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MR. MY APOLOGY, I DID UNMUTE AND THEN STARTED MY VIDEO.

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Good morning, Mr. Chairman.

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

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Yes, sir.

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It's David Garcia, ID number 54351 Garcia, G-A-R-C-I-A.

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

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I so do a firm.

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Could you identify your client and their relationship to the property?

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Yes, it's Norma Lamont.

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She is the tenant at this location for Little Golden Academy.

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She has a letter of authorization that was sent by the landlord, Mr. James Zing, owner being, oh, he's a principal of the owner for Golden Land, LLC.

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Our vice chair, Carlton Avery, has a few questions, sir.

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