civus
Hearing video

ZBA Hearing - May 1, 2024

Philadelphia Zoning Board of Adjustment (ZBA)May 1, 20245h 10m

The personal care home will follow the guidelines according to the Pennsylvania Code Title 555, Chapter 2600.

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personal care homes in the city of philadelphia personal care home guidebook guidance for

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development and emergency operations planned in philadelphia each home will maintain a current

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emergency operation plan to use in event of emergency for the residence has three bedrooms

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and one bathroom the two larger bedrooms will be occupied by the residents the third bedroom

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will be used for an office by administrator and direct care staff and here's the floor plan

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you got photos of it

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can you see it can you see it i see drawings do you have photos of the of the property oh yeah yes

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Okay, thank you.

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Questions from the board?

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No, Chair.

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No, Chair.

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Questions are comments from our attorney, Hillary Anderson.

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Just to clarify, Mr. Hall, how many, between the two bedrooms that you intend to use for residents, how many residents do you plan to have total at the property?

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Two.

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Do you plan to have two residents?

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Yes.

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If the other room is big enough, we're going to try at least get three, three at the top.

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Okay.

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Okay. The reason I asked, and I did see the letter from the RCO indicating they wanted to only see two residents.

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So under the zoning code, single family household living can be up to three unrelated individuals.

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So you only need zoning for a personal care home if you are going to have four or more people living at the property.

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That's both individuals and if you had employees living there, which it doesn't sound like the employees would be living there as well.

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So that's I just wanted to make sure that, you know, you you definitely needed the variance that you were requesting.

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We probably won't have.

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Well, we will have someone living there.

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Yes, that's going to be careful.

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That's going to be careful.

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Only he can.

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Can he testify?

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Ma'am, ma'am, you cannot testify. You are not the applicant. Only he can testify. Thank you.

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Okay, that was my wife. That was my wife. I'm sorry.

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That's okay.

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That's okay.

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Right. Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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thank you chair bergman and good morning david effecto f-e-c-t-e-a-u with the city planning

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commission oh do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes sir i do thank you for asking thank you sir uh so um board chairman and board members

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

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location. The zoning for this property was changed in 2014 and a community-supported

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rezoning. The appellant has shown that the proposed personal care home will have no detrimental

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The appellant has shown that the proposed personal care home will have no detrimental impacts to the neighborhood beyond what might be expected.

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The City Planning Commission recommends the board grant a proposed special exception for a personal care home.

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MI 2023-006-963-2463 North Colorado Street, I vote yes.

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James Snell, my vote is yes.

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Mr. Shamil Shaheed, my bullish, yes.

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Thank you, sir.

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All right.

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Thank you all.

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Have a blessed day.

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Thank you.

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We're going to go to number four, MI 2023-002-685-408-South 45th Street.

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Adam Shapiro is the attorney for the owner.

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There's a letter of non-opposition from the Spruce Hill Community Association.

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Mr. Shapiro.

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Mr. Shapiro, please raise your virtual head.

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He's coming back in his append list now, Chair.

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Good morning.

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Good morning, sir.

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

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Yes, my name is H. Adam Shapiro, S-H-A-P-I-R-O, and I'm here on behalf of the owners of 408 South 45th Street.

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All 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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Okay. Our vice chair has just a few questions.

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Good morning, counsel. Do you agree to leave the reading of the refusal or stipulate to its accuracy?

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We do.

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Have you emailed in all the required documents and exhibits that is needed to proceed with this case five days in advance of this hearing?

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We have.

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Thank you. Please proceed and share your screen.

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Okay.

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Let me get over here.

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And I do have my client is with us today.

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Okay, here we go.

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Fair screen.

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Okay, are you able to see the exhibits?

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We do, we do.

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Okay, terrific.

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So this is an application to legalize an existing longstanding use.

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The property we're talking about today is 408 South 45th.

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It's this twin property right here in West Philadelphia.

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This property has actually been a five-unit residential building dating back to at least 1943.

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at something along the way it looks like the the records at l and i were were updated i think there

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was mistaken filing in the 80s that switched this over to a four unit building and my clients are

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just looking to legalize it as the five unit it's always back now in this case we've got my client

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And Horace, who's with us today, actually lives in the adjoining building at 406.

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He's someone who's been in the neighborhood here for a while.

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And I think you'll see when we get to the letter of support from Scrooge Hill that the neighbors who showed up at the community association meeting were unanimously in support of his request.

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So, I'm just going to go through and show you some of the history here, just to substantiate

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where we are.

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So, our refusal, again, was because this is five units in a four-unit zoning and also

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for parking, which obviously isn't going to be doable on a property such as this.

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Our application for appeal, we have the project information form that was sent in, the deed, the property is owned by a family-owned LLC, tax clearance form.

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So, these are the drawings here.

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So, this is what we're talking about.

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what we're talking about i'll just blow this up a bit so you can see what we have

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I'll just blow this up a bit.

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this these are the uh the drawings for the interior and again i'll point out that

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none of this is new construction or any changes it's just uh dealing with what's already here so

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So the ground for the first floor apartment is a two-bedroom unit that's longstanding there.

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The plan for my client is that he actually wants his in-laws to move in next door, and they're going to have this first floor apartment.

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And upstairs on the second floor, we've got two one-bedroom apartments,

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corridor, the entrances to the front and to the rear unit.

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And same thing here on the third floor over here.

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We also have another one-bedroom front and one-bedroom rear unit.

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so we have our photos with our orange zoning poster time and date stamped over a month ago

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when this when these were taken close up pictures of it you can see here and just

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without the framing, just so you can see it's clearly visible here from the street.

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Letter of support that I think you mentioned has already been received, that they had no objection.

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Neighbors were universal in their support of this application.

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This is just our notices that were mailed out to all the RCOs in the area.

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Certificate of mailings for all of those meetings.

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Okay. So going back, this is really what we're talking about here. This is the zoning use

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registration for this property from August 17th of 1943. And you can see at that point it was,

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the application was to turn a vacant single family dwelling into a five unit building.

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we had one apartment on the first floor

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two on the second, two on the third

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that's as it exists

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today

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that's how this property's been now

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for over 80 years

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this is just their

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variance

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from 1943

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this is where we think something may have

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gone wrong

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there's a there's a rental license that was issued in 2004 for four units this was an owner

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occupied building the the owner of the property uh dating back to at least the 80s lived in that

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two-bedroom first floor unit and what it looks like is she went and she filed for four units of

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rental license and that's where everything got switched over because she was renting

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the four units above and wasn't paying for her owner occupied life unit.

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Again we have it looks like there was a filing here from 1985 also and again we've got first

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and this was the owner that my clients bought from.

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it was first floor owner occupied second floor front efficiency apartment was how it was described

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third floor two apartments and the request in 1985 was changing the second floor rear unit to

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from vacant to another apartment so again we've got this the whole way through being

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the same five units that it's been.

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Mr. Shapiro, why don't you bring your client on

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and adopt your testimony?

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Sure.

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Oris, if we can have him unmuted.

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Sure.

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He is unmuted and allowed to speak.

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Good morning.

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Could you please state your name

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and spell for the stenographer?

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My name is Orist Pazuniak, first name O-R-E-S-T, last name Pazuniak, P as in Peter, A-Z-U-N as in Nancy, I-A-K.

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

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I do.

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Please proceed, counsel.

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Good morning.

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Can you just, for the record, tell the commission?

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For the record, tell the commission, was the property marketed and sold to you as a five-unit building?

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That is correct.

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Okay.

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And in fact, in the package here, we have the leases that you were given.

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These were the leases you were given, but from the prior owner?

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That is correct.

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Okay.

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And they were all existing as those at that point.

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So we had third front, third rear, second front, second rear.

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And again, the ground floor unit, the first floor unit, the owner was living in.

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Is that right?

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That is correct.

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Yeah, Louis Labock was living on the first floor unit.

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Okay.

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And you live, where do you live?

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I live in the first floor unit of the adjacent building at 406 South 45th Street, Unit 1F.

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Okay. And what's the plan for you with the ground floor of this building?

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The plan is effectively parallel to that which is in 408 with a small difference in how a hallway is adjusted, but it is also a two-bedroom apartment with access to a rear yard.

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okay um have you made any changes to the five units that are there

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uh in which building in the 408 that we're talking about is this no at the 408 i've made

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no changes okay i mr chair that i think that's the testimony that yeah why don't you just have

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him adopt what your your total test okay sure would you uh did you have a chance to listen to

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the presentation that i i just gave i did okay and do you agree and adopt with uh everything that

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was said as accurate i agree with everything that adam shakira has provided thus far okay

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thank you thank you questions or comments from the board no chair

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no chair thank you uh questions or comments from our attorney hillary emerson

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mr i just wanted to know um uh board member snell had to step out for a minute so um mr

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uh leonard palmer is stepping in just want to note for the record okay um questions or comments from

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the virtual audience i see no heads chair any commission thank you chair bergman and good

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morning david effecto with the city planning commission chairman and board members the

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

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the property has a documented history as five dwelling units providing accessory off-street

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parking would be impractical due to the configuration of the building on the lot

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and the lack of access to the rear of the property. The City Planning Commission

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recommends the Board grant the proposed use and parking variances.

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I-2023-002-685-408-South 45th Street. I vote yes.

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Ishmael Shaheed, my vote is yes.

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LeBaron Leonard Palmer my vote is yes thank you thank you sir counsel thank you okay all right

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number five MI 2023 002 780 3122 to 26 West York Street Joseph Consul is the attorney

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there's a letter of opposition from Strawberry Mansion Community Concern and a letter of

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position from Council Member Young. Joseph Consul is coming back in as a panelist now, Chair.

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Good morning, Mr. Consul. Could you state your name, please, and spell for this stenographer?

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Yes, my name is Joseph Consul. That's J-O-S-E-B-H, C-O-N-S-O-L-A. Do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth? I do. Did you identify your client and

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relationship to the property? Yes, my client is C-E-L-I-Z Incorporated and Eusebio Liz L-I-Z is

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the representative that will be on the call today. Okay, and our vice chair has just a few questions.

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Good morning, counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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