civus
Hearing video

ZBA Hearing - March 20, 2024

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

This is 2421 North 18th Street.

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I have a picture here showing the zoning notice as well as the refusal letter.

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I did post it out at the end of February, just to ensure that I had it up there long enough.

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So when I originally acquired the property, it appeared as a duplex.

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And then I came in and I remodeled, did a little bit of remodeling.

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It wasn't made clear until probably July that the house was not zoned as a duplex.

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And, you know, that's why I'm here now. I'm attempting to get my house legally converted into a duplex.

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I just want to make sure I get everything done correctly and right.

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Here was. Oh, gosh.

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Here is like the street, the street. I wanted to show that there's plenty of street parking.

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There is some houses missing on the block.

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This would be the first floor kitchen, and I didn't get a picture of the prior living area,

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but this is what the first floor looks like now for the kitchen and the living room.

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This was the second floor. Part of the ceiling had came down. There was some water damage.

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This was the prior kitchen, and then as well this is the second floor kitchen and the living room

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over here. You can see the kitchen goes into the living room area.

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This was the first floor bathroom. There was an older tub, older bathroom. I ended up putting

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of tiles and making it a standing shower.

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making it a standing shower and then this was the second floor there had been

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some water damage here and there I guess was a bathtub as well in the bathroom

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somewhere over here on the side probably similar to the first floor it was the

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same design from the first floor and the second floor that we did these were

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considered the bedrooms and then we did some remodeling. We added new sheetrock

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on the walls and we put hardwood floors throughout the house.

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These were the second floor bedrooms. We did remove the closet that was in the master bedroom

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just so that it would make the bedroom look larger and we put closets as well. I don't know

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you can see this last photo here it has a closet and then that was this one in the middle before.

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I have the structural engineering letter.

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Basically like I said we just you know we most of the sheer vac was put on top of the old ones

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that was previously there before we did put new flooring throughout, new interior doors,

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I've remodeled the first and second floor bathrooms and renovated the first and second

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floor kitchens.

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We did nothing in the basement.

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Here's my refusal and my tax clearances as well.

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I did get some neighbors to sign a petition, and here are some of the signatures from some

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of the neighbors I was able to get signatures from.

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and also the r the rco has supported you yes i did get the rco support here's my letter from the rco

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okay and when you when you purchase this it was already broken i mean it was in disrepair but it

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was a duplex yes um i purchased it in september of 22 and like i said it wasn't until like maybe

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late june early july um when i realized that the house was not legally a duplex and so that's why

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i'm here now trying to get everything converted one other question are there other duplexes on

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the block um not to the best of my knowledge i know there's some people who you know co-live

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with other roommates and okay but not to do black okay um i did i did create a community benefits

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agreement with the RCO. We came up with the idea for one of the first floor apartments

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that we rented out to a senior citizen. And the senior citizen, I'm talking with the RCO,

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they're going to give me some references that they have. And they said, you know, most of them

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or also like they're they're handy people so they can do like light work and things like this

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they can do basic maintenance so we came up with not just a senior citizen discount but if they

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want to be the um the the property manager or like the maintenance person an extra discount for them

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as well okay um and then here is where me and uptown which was the rco signed the agreement

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okay all right thank you questions from the board no mr chairman no chair questions or comments

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from our attorney hillary emerson hillary emerson not at this time mr chair questions or comments

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from the virtual audience there are no hands chair planning commission thank you chair this

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is keith davis city planning commission staff uh this attached two-story mid-block real home

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is indicated for single family attached rz5 there's no indication of a history of any

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multi-family at this residence the surrounding block is primarily single family um should be

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noted that this CBA agreement cannot be enforced by any city agency. The applicant's hardship is

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not supported with evidence of unique physical circumstances or conditions of the property that

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were prevented from being used in conformance with the use requirements of the code. Therefore,

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Planning Commission recommends that the requested variance not be granted.

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Thank you. MI 2023-006-204-2421 North 18th Street, I vote yes.

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Thomas Holloman, my vote is yes.

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Thomas Holloman, my vote is yes.

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James Snell, my vote is yes.

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James Snell, my vote is yes.

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Thank you.

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You have your votes.

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Thank you so much.

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I hope you guys have a great day.

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Oh, you too.

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Number three, MI 2023-006-164-1731 North 23rd Street.

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Pascual Calavita is the attorney.

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recommendation of support from the United Neighbors Alliance Civic Association with a proviso

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Pascual Calavita there he is I'll promote him now thank you he's been promoted okay

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Good morning, sir. Could you please state your name and spell for the court's demography?

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Good morning. Pasquale Colavita, P-A-S-Q-U-A-L-E-C-O-L-A-V-I-T-A.

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

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Sure. Cynthia Robinson. Go ahead, sir. I was going to say, she's elderly and may need some assistance from her daughter, Simone Robinson. And if we can promote both of them, if possible.

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So why don't we get to that point? Let's see here. So Mr. Holloman has a few questions for you.

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Sure. Good morning, counsel. Do you agree to waive the reading of the refusal and stipulate to his accuracy? Yes.

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Did you email all of the exhibits and documents as required five days in advance to this hearing? Yes.

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Thank you. Please proceed and share your screen.

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as stated my name is pasquale colovita represent cynthia robinson the owner of

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1731 north 23rd street and i am sharing screen regarding this property showing the table of

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contents 1 through 11. Copy the deed. The zoning application is a refusal. It's a RSA 5 district

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for two-family dwelling and approval of an addition for the rear yard. And the problems are

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rear yard space and maximum area. Attached to Exhibit 4 is the application for appeal with the

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PIF at plan at exhibit five re-architectural plans at six is the notice to the neighbors with the

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proof of mailing at seven are the you'll you'll see pictures of the zoning post post photos of

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the zoning notice poster which is the proof of posting in advance of the uh well in advance of

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the 20 days and then at exhibit eight we're going to show different uh similar use throughout the

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neighborhood at 9 are photographs of the property as well as the immediate surrounding area

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as stated earlier rco letter of support as well as the certificate of tax clearance

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on this one and we'll start with the deed we have cynthia robinson's you know what i'm going to go

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straight to the architectural plans which should show everything it actually shows a view of the

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property and as you can see in the top left i'll try to increase it the request was right now on

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the left side top left of the the screen shows the existing site plan and what they want to do

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is square it off so that is what caused the um the refusal due to that small addition there and

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again right and left side existing right side is is what what they would like

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I'm sorry first second and third floor of the property there and then this wears it

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out so we move on as shown notice to the neighbors zoning notice your photographs of the posters

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and uh different properties 1723 this uh has two units and it's been two units for quite some time

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it's 1733 has four units and that's the zoning uh again just

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and that's the zoning again just we continue on three units at 1735 1737

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try and see how many units are here three units at 1737 and here's the

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different photographs of the area as you can see all properties there at the end

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I think that's 1733 at the end right here and if you just look down the block

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again you have the entire block is three-story premises with trying to find

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the one that's better but eventually what i'll do is i'll share the google maps but i wanted to

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to move forward with this before i get to that one

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at 1731 as was stated earlier a copy of the what i did not receive is an actual

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full letter that um unaca typically uh provides what they did do though is provide me with the

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meeting summary i don't know whether they forwarded a letter to the board but this one

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obviously it indicates they're in the middle final position taken by the rco is one of support

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and again a certificate of tax clearance attached so i'm going to stop sharing this for a second and

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And share a, I'll add it here.

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And this is the property right here.

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And if we take it down just a little, it gives you a better understanding of the rear yard.

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And this is where they want to square it off.

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And again, just in summary, got support from the neighbors.

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I understand the proviso has something to do with trash.

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My clients never indicated they wanted to store it up front.

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They're going to obviously do like this on trash day.

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They're going to put it out front, but they're not storing it out front.

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We have no problem with that being a proviso. That was never an intent nor a discussion.

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You know, again, if that's a proviso, we have no no argument against it.

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So with that, there are other properties in the neighborhood.

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Again, even next door, which is owned by my client.

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And I just asked that I can have my client on and continue.

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Yep. Why don't we bring your client on? If she has a hard time testifying, you're an officer of the court and we can accept your testimony.

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Okay. It's Cynthia Robinson. I only have two questions.

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Sure.

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Cynthia Robinson will be allowed to speak.

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Good morning, Ms. Robinson.

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Ms. Robinson, could you just state your name for the record?

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Ms. Robinson, if you have two devices on, please turn one off or mute it so we won't

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have feedback.

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She appears to be muted.

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Yes, she can unmute.

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Okay.

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Am I unmuted?

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Yes.

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Okay, so just for the record, state your name.

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Yes, my name is Cynthia Robinson, and it's C-Y-N-T-H-I-A, Cynthia Robinson, R-O-B-I-N-S-O-N.

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Right. Do you swear or affirm to tell the truth?

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The whole truth is nothing but the truth. Yes, I do.

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Please proceed, counsel. Ms. Robinson, did you have an opportunity

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to hear my testimony this morning?

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Yes. And do you agree to its accuracy?

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Yes.

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Thank you.

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Thank you, Cynthia. You can mute yourself.

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does does she adopt your testimony i'm sorry yes do you adopt my testimony as your own

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cynthia do you adopt my testimony as your own

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Cynthia, do you adopt my testimony as your own?

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Yes, I do.

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Thank you.

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So, Mr. Colavito, so right now it's already a three-story building.

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Yes.

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You want to put a roof, you're putting a rooftop deck on the top.

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Is that right?

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And you're building out a little bit in the side and the back of the square.

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Slightly, yes.

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All right.

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And most of the block is multifamily.

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Correct.

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No matter what it's coded, it's operated as multifamily.

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She owns the property next door.

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That's already three or four units.

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It is two units, I believe, next door.

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But just let me let me just clarify that one was.

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That one is two units right next door.

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Thank you.

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Questions from the board?

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from our attorney, Hillary Ramsey?

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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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no hands chair planning commission thank you chair uh this is keep davis city planning commission

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commission staff uh the site is indicated for single family attached um rsa5 at 23 feet wide

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this lot has exceptional street frontage for a row home uh many of the houses on this block are

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converted to to duplexes uh the planning commission recommends that the request for a variance be

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granted with a proviso that the trash be stored in the rear. Thank you. MI 2023 006164 1731 North

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23rd Street. I vote yes with proviso. No trash storage at front of property. Thomas Holloman,

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my vote is yes with proviso. James Snell, my vote is yes with proviso.

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Thank you. Thank you, Mr. Calvino. You have your votes.

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Number four, MI 2023-006-169, 925 Manituan Street Avenue.

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William O'Brien is the attorney.

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There's a letter of opposition from the Upper Roxbury Civic Association,

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but the applicant has provided form letters of support from neighbors on either side of the property.

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William O'Brien has been promoted Good morning, Mr. O'Brien.

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Good morning, Mr. O'Brien.

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

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William O'Brien for John and Laurie Maccini, the owners of 925 Memmets on Avenue.

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All right.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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