civus
Hearing video

ZBA Hearing - March 20, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Mar 20, 20246h 34m

we're just going to allow a few moments for the attendee sure yep so sure we can continue

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number five we received a request from um the tenant for that property to continue it

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i believe it's the first listing but i will double check yeah

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yep yep okay

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okay chair we have 43 attendees you can proceed as you wish

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okay good morning everyone my name is bill bergman and i will be chairing this morning's

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CBA hearings. Our vice chair Ismail Shahid, should be on shortly. Present is Thomas Holliman.

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Present, Mr. Chairman. And also our board member, James Snell. Present, Mr. Chairman.

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Also here is Hillary Emerson, our attorney, and our executive director, Tanya Sunken.

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Here's our virtual format. Be advised the proceedings are being recorded.

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Video will be available by contacting tonyasunkett at phil.gov.

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For the benefit of our court stenographer, we ask attorneys and witnesses to identify themselves before testifying.

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If you're participating in my phone and you wish to testify, press star 9 to raise your hand and star 6 to unmute.

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To enter an appearance statement, call 267-270-5548.

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Leave your email and the address of the property in question.

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And finally, the question-answer box on the screen is not for comments or testimony.

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All comments should be directed to our Executive Director, Tanya Sunkett.

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Let's look at our schedule for today.

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Number one, MI 2023-005-926-3223 West Burke Street.

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That case is continued.

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Number five.

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MI 2023-006-089-2000 East Clearfield Street, that case is continued.

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Let's see here.

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Number.

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Hold on one minute.

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Number nine, MI 2023-005-774-1616 North 2nd Street.

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That case is continued.

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And number 18, MI-2023-006236, 5108 North 15th Street, that case is continued.

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Are there any other requests for continuance?

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Good morning, Chair.

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This is Doreen Blakey, and I will be your co-host today.

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Good morning.

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Good morning.

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Steve Masters has a hand up, and I will allow him to speak.

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Sure.

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Good morning, Mr. Chair.

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Good morning, Mr. Masters.

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Could you, just for the record, state your name is Belcar, a court stenographer?

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Absolutely.

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Steve Masters, S-T-E-V-E-M-A-S-T-E-R-S, with the law firm of JustLaws.

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The last case that you read, Mr. Chair.

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Hold on one minute.

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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 okay thank you sir i just read number 18 5103 north 15th street it's 5103 yes you had said

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5108 north 15th so i just wanted to correct that it's 5103 yes um the other case um that we have a

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joint request for continuance is 1457 sterling street uh that we just had a meeting with the

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RCO yesterday evening, and both the RCO and our firm representing the applicant sent in letters

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asking for a continuum so that we could continue to confer and meet with the RCO.

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So, thank you. So, MI 2023-006-250-1457 Sterling Street, that case is continued.

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Thank you for your call, sir.

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Absolutely.

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Is there any other requests for continuance?

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Yes, from Craig Melodosian has a hand up and will be allowed to speak.

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Good morning, Craig.

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Okay, good morning, Sarah. Could you state your name, please, and spell for the course

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stenographer.

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Looks like he's having difficulties.

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can you hear me now we hear you now sir yeah great i'm not sure what's going on all right

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it's craig c-r-a-i-g last name melidosian m-e-l-i-d-o-s-i-a-n right do you swear or

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affirm to tell the truth the whole truth and nothing but the truth sir i do chair please

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proceed hi um i'm appearing uh as a coordinating erco on behalf of the southwest philadelphia

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concerning RCOs regarding 2105 South Simpson Street.

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Yes, I see this.

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We do not have any exhibits for this.

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This is the first listing.

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Correct.

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We spoke with the applicant.

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He's an out-of-towner, wasn't familiar, has not retained counsel.

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Okay.

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So obviously he needs counsel, and then we'll schedule him for his hearing.

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So Vince Soundcast, is he in the audience?

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Mr. Chair, the listed owner, too, that's the listed applicant, is Rise Hype Group, LLC.

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Anybody here representing property owner, 2105 South Simpson?

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Please raise your hand, your virtual hand.

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i see no hands okay thank you so mi 2023 006 092 2105 south simpson street this is the first

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listing the case is continued thank you chair bergman thank you thank you any other requests

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for continuance.

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No hands here.

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Okay.

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So number 10, MI 2023-006-170-1608-12 Ridge Avenue.

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This is the first listing.

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We have no exhibits for this.

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Quantum Marroquino is the listed applicant, and FNDC Howe Properties LP is the listed

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owner.

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why marquino has been allowed to speak yes good morning hi good morning could you state your name

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please and spell it for the course the knock yes it's quayun marquino it's q-u-a-y-y-u-m

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last name is m-o-r-a-k-i-n-y-o right and do you swear or firm to tell the truth the whole truth

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and nothing but the truth yes i do so we do not have exhibits and we we believe you may need

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an attorney. So this is just to change my zoning, just to get a zoning variance for my

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condo unit to allow visitor accommodation. I was told I shouldn't need an attorney.

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Okay. So let me ask you this. Do you have any exhibits that you send your exhibits in?

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I do have the documents with me and I can send it in anyhow. I thought I would be able to share

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since it is a virtual meeting okay um well so we have to review them first sir this is hillary

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emerson board council they have to be submitted five days in advance so that we can review them

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and make sure they're complete um in addition according to city records the property is owned

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by fndc how properties lp are you are you a member of that lp a limited partnership no uh they sold

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the property to me, I do have the deed. Okay. So that's why we need to see the documents in advance

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because we didn't know the ownership had changed. So unfortunately, we're going to need to continue

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this. And you can call the office for instructions about what documents you need to submit five days

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in advance. Okay. All right. Thank you, by the way. Thank you for calling. We appreciate your

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information. So MI 2023-006-170-1608-12 Ridge Avenue. That case is continued.

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Thank you. And number 13,

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MI 2023-006-083-627 South 11th Street. James Armstrong is the owner, is Mr. Armstrong

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James Armstrong is the owner. Is Mr. Armstrong present?

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present.

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I see no hands, Chair.

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So MI 2023-006-083-627-South-Eleventry. Cases continued. Mark must be heard.

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Okay, we're going to go to our list now, and we're going to start with number seven.

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MI 2023-006-240-308 East Allens Lane.

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Chris and Sophia Simpson are the owner applicants.

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This is a pro se.

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There's a letter of support from East Mount Airways Neighbors Association.

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Chris and or Sophia.

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it? Chris Simpson has, wait a minute, Sophie Simpson has a hand up. Okay. And I will promote.

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Thank you. You're welcome. She has been promoted to panelists.

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hello good morning um could you state your name please and spell for the stenographer

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sophie simpson s-o-p-h-i-e simpson s-i-m-p-s-o-n right do you swear or affirm to tell the truth

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the whole truth and nothing but the truth? I do. Yes. Thank you. So this application is for the

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erection of a rear deck accessory to an existing semi-detached structure for continued use as a

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single-family household living. The proposed deck is constructed above the floor level of the first

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floor of the first story, fully above grade, and is thus prohibited in the required rear yard.

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So our Mr. Holloman has just a few questions.

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OK, excuse me.

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I'm sorry.

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I'm here mostly in support of my husband and because my name is on the deed.

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But but he is the one who has who's going to share the screen with all of our documentation.

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So why don't why don't and is he going to testify?

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I believe he's here.

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So why don't we why don't we bring him on?

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What was his name? Christopher Simpson. I'm here. I'm sorry.

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Good morning, Mr. Simpson. Good morning, Mr. Chairman. Just for the record, could you state

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your name and spell for the court stenographer? My name is Chris Simpson, C-H-R-I-S Simpson,

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S-I-M-P-S-O-N. Right. Do you swear for him to tell the truth, the whole truth and nothing but

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the truth i do did you hear me read the original yes i did okay all right so mr hallman has just

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a few questions for you sir yes good morning sir good morning did you email all of the exhibits

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and documents as required five days in advance to this hearing i did yes sir thank you please

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proceed and share your screen and mr simpson we do see that this the uh

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mount east manory neighbors associates is in support of your project yes yes um and it

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was a unanimous vote in support of the project thank you um what i'm not sure how to proceed

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what would you like to see first um so we know that you have all all your particular paperwork

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one of you one of you shows is this a deed uh a deck that's already up yes it is sir all right

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one of you one of you shows the picture of the deck okay

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can you see that it didn't come up yet sir okay

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you will need to

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stop sharing your screen and then

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reshare because we just still see your

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documents

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okay

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okay

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there you go okay

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um so the the as you mentioned the deck is attached to the rear of the house

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um and the reason that we are seeking a zoning variance is because the left the the floor

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That we are seeking a zoning variance is because the left, the floor of the deck is above the level of the first floor of the house.

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Right. Yep.

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Can you click on any of those photos that we can see a little bit better?

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Unfortunately, no.

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OK.

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One second.

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I may be able to.

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yeah that's a little bit better okay is that better okay yes

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you have other decks on that block in the back

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um i have pictures of my neighbor's deck uh which also has the same thing as well as a

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deck at the end of the block which also has the same thing yep okay would you like to see those

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um no and just if you have could you show us the uh um the letter from the

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east mount airy neighbors yes of course

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okay

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is she gonna have to go back out for that

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do you not see it no okay

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okay

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so go go go down can you go down a little bit yep so you had six votes in support one of which

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was your near neighbor right correct nobody no one in opposition correct all right thank you

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questions from the board no mr chairman

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No, Mr. Chairman.

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Thank you. Jim?

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No, Mr. Chair.

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Thank you. 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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Yes, Chair. Charles Richardson has a hand up and will be allowed to speak.

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Morning, Mr. Chair.

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Morning, Mr. Richardson. Please just, as usual, say your name for the record.

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sir charles richardson r-i-c-h-a-r-d-s-o-n the office of councilwoman cindy bass room 508 city

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hall you swear or affirm to tell the truth the whole truth nothing but the truth i do please

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proceed the councilwoman supports the granting of the variance thank you very much any other

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comments from the virtual audience there are no more hands here planning commission

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hello and good morning chair uh this is keith davis with the city planning commission staff

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uh it's k-e-i-t-h-d-a-v-i-s right do you swear a firm to tell the truth the whole truth nothing

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but the truth yes i do please proceed keith uh this property is indicated for single family

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residential um rsa3 the proposal for a rear deck is triggered uh because uh it uh because it's

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proposed to be above the first floor. The rear deck design is similar in appearance to several

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other decks on the block. The Planning Commission recommends that the board grant the variance.

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Thank you. So MI 2023-006-240-308 East Allens Lane, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Sir, you have your votes. Thank you. Thank you very much.

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Thank you very much. Right. Thank you. Thank you both.

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Number eight, MI 2023-006-216-718 Longshore Avenue.

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Mary McGinley and Jack Tomsik.

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Mary McGinley and Jack Tomsic

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Hello, can you hear me?

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I can.

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