civus
Hearing video

ZBA Hearing - May 1, 2024

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

So here's the outside.

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As you can see, there's two mailboxes.

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It is separately metered.

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And then this is the front entrance.

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The first floor unit's entrance doorway is on the right here, and the second floor unit is straight ahead.

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And we have photos of the second floor unit.

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um like i mentioned the first floor unit is currently occupied that's the outside again

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so um this is the second floor unit let me show you the front entrance sorry about that so as you

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can see you walk up the steps once you enter that door from the the the shared hallway and you walk

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upstairs into a landing area and then into this first bedroom here it as you can see my client

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has done some improvements. He put in this new carpet. He did some painting

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and added new flooring and updated the bathroom.

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Each unit is the downstairs unit is one bedroom. The upstairs unit is two and they each have their

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own bathroom and kitchen. Here's the bathroom. Here's the kitchen. As you can see, my client did

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some lovely work. I think it looks great. Here's the kitchen. Here's the front bedroom and or

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living space facing out towards Jessup Street. And again, this is the kitchen.

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So the property itself creates its hardship. Obviously, it's an undersized lot and he bought

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the property as two dwelling units financially. It's already fitted as a two-unit household. So

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So without the variance, he would either have to convert it, which is a huge cost and a hardship for my client.

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Like I mentioned, there is an internal entranceway for each one that is not that separates the two units.

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It's separately metered.

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Counsel, why don't you talk about the RCO meeting?

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Yes.

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So we presented at the RCO meeting.

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We got overwhelming support for this project, and like I mentioned, this is a very common use in this neighborhood as it is permitted in RM1.

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If I can ask my client to come on, just so you can-

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While you're an officer of the court, you've had conversations with your client.

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You understand this, and we'll accept your testimony.

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Thank you.

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Okay.

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Questions from the board?

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No, Chair.

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Thank you, Chair.

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For the record, Jim Snell is back on, and I've been on since the beginning of his case.

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Thank you.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see no heads, Chair.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Fecta with the City Planning Commission.

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Mr. Chairman and Board members, the comprehensive plan recommends no change to the residential

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multifamily zoning at this location. The appellant's requested dimensional variance is within the

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City Planning Commission's 10% threshold to be considered as a minor variance in keeping with

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the spirit and purpose of the zoning code. The City Planning Commission recommends the board

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grant a proposed dimensional variance for a minimum lot area. Thank you. MI 2023-002-863-2528

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North Jessup Street, I vote yes. James Snell, my vote is yes.

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Dr. Mel Shaheed, my vote is yes. Thank you, Counsel. Thank you.

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Number 10, MI 2023-006-931-3604, Mellon Street. Meredith Ferlinger is the attorney.

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There is a recommendation of support from the Mantua Civic Association.

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Chair, Attorney Ferlinger is coming back in as a panelist now.

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Chair, Attorney Ferlinger is coming back in as a panelist now.

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Good morning, Chair.

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Good morning, Counsel.

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

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Sure.

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Meredith Ferlinger, M-E-R-E-D-I-T-H-F-E-R-L-E-G-E-R.

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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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Could you identify your client, the relationship to this property?

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Sure. My client is Mascoff LLC, which is the LLC that owns this property, represented here today by Serge Mazlenikov.

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Our vice chair has just a few questions.

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Good morning, counsel. Do you agree to wait to read another refusal or stipulate to its accuracy?

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I do, yes.

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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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I did.

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Thank you, counsel. Please proceed and share your screen.

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Thank you, and already done.

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Good morning, Mr. Chairman, members of the board.

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As I mentioned, my client is Mascoff, LLC, the owner of the property, and I have representative from that LLC, Serge Mazlenikov, with me today.

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The request before the board today concerns one property in Mantua, which is located at

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3604 Mellon Street. As you know, this proposal receives support from Mantua Civic Association,

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evidenced by the letter of support that's in your packet at Exhibit 15.

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This is a fairly straightforward case, so I will be brief.

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Let me first orient you to the location of this property.

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The deed and tax clearance are included at Exhibits 2 and 3.

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As you can see on the aerials shown at Exhibit 8,

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the property sits between North 36th Street and North 37th Street in Mantua, West Philadelphia.

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This is a modestly sized but very narrow property of only 14 feet wide,

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and this is a better view from the south so that you can see the vacant property.

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The aerials are slightly outdated, as you will see in the photographs, but you can glean from this aerial that the block contains a mix of existing structures of varying type and use, as well as some vacant lots.

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Some of the structures reflected in this aerial have since been demolished.

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Turning to the photographs at Exhibit 16, you'll see the existing vacant lot with the arrow pointing to it.

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that is the subject of today's request at 3604 Mellon Street. You will notice the new construction

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just two lots away, which will contain a three-family dwelling identical to the proposal

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before the board today. For additional context, the next photo shows the block looking towards

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North 37th Street. The opposing side of the street, as you can see, has largely been consumed

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by overgrown vegetation. Flipping to the next photo, this is a view in the opposite direction

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towards North 36th Street. In the next photograph, you will see a view of one of the particularly

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relevant structures to today's request here in the foreground, which contains at least 10 units

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with an unknown number of total residents. It seems that this structure is used for

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some kind of group living or a group home or something of that nature.

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And again, just another view of the block.

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We did also include photos of the zoning posters, which were timely posted at Exhibit 16 as well.

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If you refer to the zoning map at Exhibit 5, you'll see that the property is now zoned RSA 5,

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having been one of the many blocks that was previously zoned RM1 prior to the 2017 Mantua

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rezoning initiative. Immediately to the east of this property, you'll see the large CMX3 zone,

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which contains a large PHA multifamily development that public records show contains around 160

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total dwelling units. The proposal for 3604 Mellon Street is shown at the zoning plan at

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tab 6. The proposal includes one new three-story structure, which will blend with the predominantly

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three-story structures on this block. The building will contain three dwelling units.

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We did include floor plans as well, and you'll see that the units range from 816 square feet all the way up to just over 1,500 square feet.

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all the way up to just over 1500 square feet and we did also include an image of a nearby

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structure which is generally similar in facade to what is proposed for this particular lot

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the large units all contain two bedrooms garbage will be stored in each unit as well

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as in the rear yard which does have access to a rear alley open space for residents is available

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both in the large rear yard as well as via the roof deck.

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And again, I'll just bring up the zoning plan for reference.

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Regarding the refusal, the proposal today only received one refusal for the proposed

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multifamily use.

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No dimensional variances are requested, despite the narrow lot, and the proposed structure

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does comply in full with the provisions of the zoning code.

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In fact, this structure is smaller than the code would permit for this lot, further to the developer's goal of remaining consistent with the surrounding new structures.

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The applicant submits to a hardship given both the history of this property as well as the transformed character of this neighborhood and the block, which is highly relevant to the applicant's entitlement to a variance.

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Historically speaking, the lot at 3604 Mellon Street was used as a three-family dwelling.

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Dating all the way back to the 1940s, which you can see on the permit, which I have up on the screen, and as included in the exhibit packet at tab 9.

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The historical use of this lot is consistent with the proposal before the board today.

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The lot has seemingly been vacant since the early 2000s, but was last used as a three-family dwelling.

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Aside from the historical multifamily use, erecting a new single-family home on this lot would also represent a deviation from the predominantly multifamily dwellings that currently exist and have been recently constructed on this block.

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As you can see at Exhibit 11, I've included permits showing that this block specifically contains a variety of multifamily dwellings of varying density in most of the structures on this block, including 3601, 3603, 3608, 3615 Mellon Street, as well as several of the addresses on the immediately intersecting streets.

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And I included just a quick reference map for the board as well.

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Several of these examples have much higher densities, such as the 10-unit at 3616 Mellon,

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which I pointed out earlier in the photographs, as well as a newer construction with four units

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at 3615 Mellon Street. The prior RM1 zoning of this instant lot would have actually permitted

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four units. The board may also take note of the most recent new construction on this block,

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which was just approved before the rezoning went into effect, containing a similar three-unit

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dwelling, and that's shown with the yellow star at 3608 Mellon Street. More recently, the board

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granted a variance at 3615 Mellon Street as well as at 650 North 36th Street due to the established

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limited viability of constructing a new single-family home in this immediate area that

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has become characteristically multifamily. The proposed three units will represent a natural

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blend of the predominantly multifamily residential uses on this block and is further consistent with

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the historical multifamily use that existed here. We submit the number of proposed units as the

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lease minimum. For comparison's sake, if this property were still zoned RM1, the RM1 zoning

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would have permitted up to four units. As mentioned previously, this lot historically contained three

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dwelling units, which is consistent with the proposal presented today. The density is consistent

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with the density of surrounding structures, which vary between two all the way up to 10 units.

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The structure itself is smaller than the code would allow, and the proposed units are all

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quite large. We submit the proposal will not increase congestion, harm neighbors' properties,

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or impair light and air. The structure was designed to align with the varied character

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of other structures on this block. As always, a more detailed analysis is provided in the memo

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of law submitted to the board at Exhibit 12, and I'd be happy to touch on any particular point in

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more detail. With respect to the community, we met with Mantua earlier this month, and that

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discussion and the context of this block resulted in the vote of support that is in your packet at

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Exhibit 15. At this point, I will ask Serge, if he's in the audience, to raise your hand to

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At this point, I will ask Serge, if he's in the audience, to raise your hand to adopt my testimony.

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Your client has been obedient and allowed to speak.

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

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Good morning, board. My name is Serge Maslenikov, S-E-R-G-E-M-A-S-L-E-N-N-I-K-O-B.

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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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Please proceed, counsel.

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Thank you.

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Serge, have you heard all the testimony and evidence that was offered before the board today?

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Yes, I did.

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And would you agree that testimony was true and accurate, and would you adopt it as if you had given it yourself?

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Absolutely.

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Thank you.

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Happy to take any questions.

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Questions from the board?

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No, Chair.

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Questions or comments from our attorney, Hillary Emerson?

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None at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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I see those heads, Chair.

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Planning Commission.

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Thank you, Chair Bergman, and good morning.

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David Fechta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the residential single-family zoning at this location.

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This zoning dates to 2017 and a community-supported rezoning.

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There is no unique physical condition or circumstance of this property.

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that were prevented from being used in conformance with the zoning code.

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However, the proposed three dwelling units

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matches the character of the homes on this block face.

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So the City Planning Commission recommends

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that the board grant a proposed use variance for three dwelling units.

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Thank you.

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MI 2023-006-931-3604, Mellon Street, I vote yes.

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James Snell, my vote is yes.

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James Mell-Shahid, my vote is yes.

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Thank you, counsel. Thank you. Okay. Number 11, MI 2023-006-934-4821 Germantown Avenue.

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Bernanastasio is the attorney. There was a meeting on 4824 with the RCO. We do not have

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a letter from the RCO, but we do have a letter from

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Solo Germantown in non-opposition

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recommending some provisos. Mr. Anastasio,

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could you just state your name? You've already been sworn.

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Vern Anastasio, A-N-A-S-T-A-S-I-O, on behalf of Mr.

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Joseph Thomas, the owner of the property.

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Our vice chair has just a few questions.

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Good morning, counsel. Do you agree to wait to read another refusal or stipulate to its accuracy?

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I 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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I have.

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Thank you. Please proceed and share your screen.

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Thank you.

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okay mr chair members of the board we're talking about um this property here as 4821 germantown

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avenue uh there's a historic structure that faces germantown avenue i'm putting my cursor over it

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right now that is uh occupied by residents we're talking about the rear structure which is also

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historic. And it has been throughout its history, a performance art space. And that's what we're

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looking for today to return that historic use to this structure. The basement level is all storage

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