civus
Hearing video

ZBA Hearing - August 7, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 7, 20246h 50m

I believe his hand is raised.

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If he could be admitted, he will actually present the case for me.

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He's an attorney, too?

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He's an attorney.

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He's a colleague of mine at my firm.

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Okay.

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Why don't we bring him on, then?

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Thank you, Mr. Chair.

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There he is.

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sean you're you're muted sean thank you okay i'm here hi could you please state your name and spell

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Thank you.

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Okay, I'm here.

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Hi, could you please state your name and spell for the court stenographer?

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Yes, thank you.

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Sean Livesey, S-E-A-N, last name L-I-V, as in Victor, E-S-E-Y.

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You swear, affirm, to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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Our vice chair has a few questions for you, sir.

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Good afternoon, counsel.

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Do you agree to waive the reading of the refusal or stipulate to its accuracy?

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I will agree to waive the reading of the refusal, but I would actually like to address

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what is contained in the refusal, and I'll do that at the top of my presentation today.

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Thank you, counsel. Have you emailed in all the required documents and exhibits that's

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needed to proceed with this case five days in advance of this hearing?

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Yes, we have, and in addition to what we emailed five days in advance, we were requested to

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provide interior photographs this morning, which we promptly did around 9 or 10 a.m.

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Thank you. Please proceed to share your screen.

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Okay, thank you.

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Okay. Can everybody see the notice of refusal?

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Yep, we did.

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Okay, great. So as I mentioned, I wanted to address this at the top. The refusal, as our application indicates, states that we are seeking personal vehicle rental use at the property located 1542 Market Street, also known as Center Square.

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The single single refusal we received was in connection with table 14-502-2 of the zoning code of the code, which for the reason as stated in the refusal being that this equal sales of rental use is expressly prohibited in the center city overlay district, specifically the center city commercial district control area.

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That is, in fact, where the property is located.

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I want to direct the board's attention first to Table 14-502-2 here, point to the Center

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City Commercial District control area to show you that the vehicle and vehicular equipment

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sales and services use category does not actually prohibit this use.

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We would, however, like to point out that it's in the CMX-5 zoning district.

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Here's the table on allowed uses in the commercial districts.

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CMX-5 here, scroll down.

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CMX-5 permits by special exception of personal vehicle sales and rental use.

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So what I would posit today is that the refusal is saying that we need a variance.

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We're prepared to proceed. We believe that we are entitled to relief, whether it's for a variance or for a special exception.

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But in reality, we believe that the standard that we would have to meet is the special exception standard based on what the code provides.

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And that's a less rigorous standard. So we don't have any problem with proceeding today on that basis.

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With that said, I'd like to orient everybody again. The emesis in question here is at 1500 Market Street, which is the large high-rise center square right next to City Hall. I'm going to take us through the exhibits here quickly.

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First, we have our lease. The property, my client, which is, as my associate mentioned,

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sixth rent-a-car, is the lessee of the property. They're renting the property for a five-year lease.

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The lease here provides the location of the premises with respect to the building at large

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on the first floor. Here it is on the southwest corner of the building. It's a 835 square foot

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space. Also in connection with this application, we have the sublease, sublease which affords 35

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self-parked parking spaces in the underground garage connected and below the center square

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building. This is a depiction of that garage. It shows the 35 spaces that are located in gray here,

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which are specifically designated to my client's use under this sublease.

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I'm going to just take you through some photos of the area.

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This is a picture of the building itself.

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It's not the particular premises, but facing south on Market Street.

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This is the building.

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This right here is the access to the building on the southwest corner.

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The property of the premises itself is directly to the left here.

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of that main entrance to Center Square.

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Here's a straight-on picture, and you can see it's cleaners on the square.

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That's the former use that was there previously.

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This is another angle from the same street around 15th street looking northward.

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There's another angle from the same street, around 15th Street, looking north.

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The premises is here.

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This is a parking garage.

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This is the access to the parking garage under center square that will be utilizing those

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35 spots.

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Okay, here's another photo of the building.

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For good measure, one more photo of the building on the street.

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Now, turning to the interior, we have several photos of the already fitted out interior showing the rental.

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It's an administrative office for the rental use.

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There's a couple of different angles.

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That first one obviously was looking from outward toward the street.

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This one is looking as you turn it into your right.

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And this one is looking straight back as you enter the building.

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I also have some photos here of the garage space that's going to be used.

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This is going to be self-parked spaces.

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We'll be able to access this directly from within Center Square.

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Here's a copy of our zoning poster, which was posted on the property.

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This is and it was ultimately posted on the property within 21 days in advance and in accordance with the requirements of the code.

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I'm going to take you through these quickly.

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Okay.

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Now, here we are at our application, which states what we're looking for.

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We're seeking under the application, under the refusal,

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we're seeking a variance or a special exception under base use requirements.

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Scroll through this.

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Here again is the notice of refusal.

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Here are our plans for the project.

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This is the site location plan first.

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You can see there's the center square building is where it's located right next to City Hall.

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This is a floor plan of the building.

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You saw the actual photos, but this gives you a sense of the shape and the spaciousness

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of the administrative office.

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Obviously, this does not depict the garage version, it's only the office.

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And finally, here are some elevations that show, it's not too useful for this purpose,

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but it shows some of the technical requirements that were for this project.

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There's a zoning map showing that this property is located within the CMX5 district and also

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within the Center City overlay, specifically the commercial control area.

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Another aerial view of the property, and here's Center Square.

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this is a uh photo of the uh the letter that we sent for the public meeting

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with the rco for this project that was center city residents association

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also advertising the hearing itself this is

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all right so council you you're you're renting an office they're renting an office

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and they've also they're subleasing 35 parking spots is that right correct yes why don't why

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you bring your client on and have your testimony adopted happy to do that john frisbee if you want

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to raise your hand mr frisbee

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john frisbee is about to speak hi mr frisbee could you please state your name and spell for

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the court stenographer. John Frisby, F-R-I-S-B-Y. Right. Do you swear or affirm to tell the truth,

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the whole truth, nothing but the truth? Yes. Please proceed, counsel. Thank you very much,

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Mr. Chairman. John, did you hear my statements about this project that I just made? Yes, I did.

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Were they accurate to the best of your knowledge, information, and belief?

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Yes, they were. Would you accept them as your own testimony?

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Yes, I do.

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Okay, thank you.

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And if you have anything to add, please feel free to do that.

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And the board may have some questions for you.

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Fair enough.

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Questions from the board.

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I have a question about the sort of operation.

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So understanding this is a rental car, are you going into a commercial space that was previously occupied by a similar business?

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And then my second question is, like, that's a really busy intersection.

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And how are you kind of managing flow of traffic or how vehicles enter or exit at one of the most sort of, I guess, hectic intersections in Center City?

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I guess, hectic intersections in Center City.

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Okay, well, I guess the previous use was the dry cleaners.

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But as it stands, people enter into the building.

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They go to those counters that you saw.

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They rent their vehicle.

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They go down to the garage via the elevator in Center Square, get their car, and they exit the building.

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as anyone else who parks in that building.

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It's not a steady flow of traffic in and out of there.

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You know, I mean, it's basically, you know,

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our use, our cars are just as any other cars

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that utilize the parking area.

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You know, they come and go

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and it's not with, you know, crazy frequency.

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You don't have a steady line of traffic going in or out.

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Just to add to that, it's an already approved parking garage. We don't anticipate this use would add any traffic that wouldn't already be invited by a use that's there. The parking garage, the 35 minutes that are specifically allocated to this use were otherwise used by other types of uses, perhaps retail, for example, dry cleaning that was there.

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It's conceivable that this would reduce the amount of traffic at the location, given that rentals tend to be over a longer time horizon, as opposed to retail or something where people may visit frequently during the course of the day.

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Any other questions from the board?

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Yes. Again, talking about the traffic.

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So the cars would be exiting on to, what's that?

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is that 15th street that's right man and heading north correct yes correct okay

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15 streets on a southbound street um north 15th street hold on here

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oh you're right you're right i'm sorry

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yeah but then this is isn't okay then this is on 16th correct it's next to the in there there's a

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starbucks and there's a there's a wall on the corner across from the garage and then uh starbucks

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there are a couple storefronts down from us so i believe it is 16th and then it's across from the

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uh parking you're absolutely right i apologize as the wrong street we're standing on 16th street

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from all those photos i sent i'm sorry and i'm i'm saying 15th but it's 16th and it goes north

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right right yeah that's the confusion it is northbound but it's 16th not 15th i apologize

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and then it's right across from the uh liberty police like parking garage that's right

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all right any other questions from the board question is more attorney hillary emerson

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

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yes i have a hand up from jihad ali and they will be allowed to speak

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Hello, I apologize.

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You're not for the parking lot, are you?

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No, I hit the wrong button.

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Thank you. That's right.

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Sorry, I have Wade Albert with a hand up.

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Sure.

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Wade Albert, could you state your name and spell for the courtesanographer?

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Good afternoon. Wade, W-A-D-E.

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last name is albert a l b e r t you swear affirm to tell the truth the whole truth nothing but the

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truth sir yes i do please proceed thank you uh so i am counsel for the center city residents

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association which is the coordinating rco for this project we heard this matter at our uh july 23rd

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meeting and as was indicated before we voted to not oppose this project because we did not believe

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that it would be a um a burden for the neighborhood however we did request that uh in the event that

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that the the zba is inclined to grant this request uh that the decision include a proviso uh that

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there that the property should not be used for the sale of or repair to vehicles and i understand

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that the applicant is agreeable to this proviso language so i would just request that that

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language be included in the in the decision. Thank you. Thank you.

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planning commission thank you chairs this is keith davis with field office city planning commission

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Planning Commission.

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comprehensive plan recommends no change to the property cmx5 zoning

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rental cars enable center city residents to avoid car ownership which effectively keeps

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unnecessary cars off of the streets planning commission recommends that the board approve

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the variance with the proviso that the business is limited to short-term rentals and that it

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excludes car sales, leases, and repair. Thank you. MI 2024, 002. Mr. Chair, Mr. Chair, I just want to

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add, so the use of vehicle sales and rental, there is no repair that is, that would be, I mean,

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maybe incidental repair, but generally any sort of repairs are a different use under the code

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yeah that would require yeah that would that would be prohibited yeah so i have no require

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additional approval so don't put that in as a yeah vehicle repair is a separate category okay yes

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this is william kerr can i just make a statement it's william kerr um again uh there is no intention

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to do any kind of vehicle repair the only thing that will be done to the vehicles would just be

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clean up and vacuuming when they come back off of a rental bed to get them ready for the next

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rental. So it's all just very minimal attention to the vehicles. Thank you. MI 2024, 002-894-1500-42

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Market Street. I vote yes with Proviso, no vehicle sales. Michael Johns, yes with Proviso.

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Cheryl Gaston yes with proviso. Tanetta Graham yes with proviso. Tyowin yes with proviso.

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James Snell my vote is yes with proviso. Ishmael Shaheed my vote is yes with proviso.

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Thank you. Number seven. Thank you everyone. Thank you. Thank you. MI 2024-002-934-2247

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in Catherine Street. Henry Clinton is the attorney.

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There's a letter of support from

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North Washington Avenue Coalition

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and a letter of

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support from Council Member Johnson.

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Henry Clinton has been promoted.

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it mr clinton could you state your name please and spell for the court stenographer sure henry

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clinton h-e-n-r-y clinton c-l-i-n-t-o-n swear or affirm to tell the truth the whole truth and

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nothing but the truth i do um you identify your client a relationship to their property sure my

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