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Hearing audio

ZBA Hearing - March 25, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Mar 25, 20266h 18m

All right. Busy day.

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It's already been.

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Okay.

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MI-2025-006082, 3606 Mellon Street.

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Vern Anastasio is the attorney.

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Brian Anastasia will be joining us as a panelist.

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good morning madam chair members of the board good morning uh council can you state your name

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and spell it for the record sure it's verna anastasio a-n-a-s-t-a-s-i-o okay and do you

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swear or affirm to tell the truth the whole truth and nothing but the truth i do okay all right so

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um council we are missing um rco letter and also i think you said you need uh the proviso form

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do we have those things yes i mean i i we sent over the uh revised plan and i can send over the

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proviso form the rco letter i believe they sent it over to the zoning board it was they were in support

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okay so that that's what i was told by the rco i have not seen their letter

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okay so hillary he said he all right do you want to provide plans and i will i can forward the

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proviso form so we can go in here to case the vote um mr

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so we can go in here to case um mr anastasia if you have the proviso form

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ready if you can forward it now then i can look at it now otherwise we'll just need to hear and

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hold this so i can review it can we do a hearing hold please okay that's fine yeah i don't want

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to have to look for it in my file at the moment okay not a problem sorry yeah it's okay okay all

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All right. So, um, I'm sorry. Could you identify your client?

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Yes. Xavier Bolensky.

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Okay. And the relationship to the property is the owner of the property.

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Okay. All right. Board member Gaskin has a question for you.

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Good morning, Counselor.

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Good morning.

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Did you mail your documents and exhibits five days in advance of this hearing?

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I did.

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And do you waive the reading of the refusal and stipulate to its accuracy?

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I do.

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Thank you.

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You can now show your documents and begin your presentation.

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Thank you.

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3606 melon is of the application for the construction brand new construction ground

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up three family dwelling property of course is zoned for rsa5 and therefore we've gotten a refusal

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sorry

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I just had an error

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excuse me for one moment

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can you see that screen do you see that yep you can see it okay great so this is the basement uh

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this is a large family room and an office we have laundry room mechanics full bath and one of the

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bedrooms this is the first floor uh which is part of the basement of course is part of the first

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floor unit. Here are the front steps. You get into the unit by turning left. You have a dining

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and living room and kitchen, all open concept. And then you have a bedroom behind the kitchen.

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You have a hallway, which becomes very important in a minute, a full bath, and then the bedroom

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in the rear. This hallway is the access to the rear yard. Original plans that I saw had

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a door coming out of the bedroom into the rear yard I advise the design team

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that that would be unacceptable by the board here today and so we came up with

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the alternative by creating this corridor wherein folks can walk down the

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corridor to the side yard there's the trash storage and there's the rear yard

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Second floor unit, as you can see, again, living, dining, kitchen, all open floor concept.

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It's got its own laundry room, full bath, and then two bedrooms and another full bath.

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Top floor, a little different as far as the layout is concerned.

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the center is the core living space all open concept living dining kitchen more than 30 feet

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in it there's also a vended trash closet not only on this floor but in the second floor

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unit and we have two bedrooms one in the front one in the rear

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and the rear bedroom so they don't have to go through the kitchen and the dining room

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and the living room to get to a bath the rear bedroom has its very own bath so it's a suite

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And you know who I'm talking to.

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Thank you.

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Thank you.

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I talked to two of you.

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And I spoke to both two people up there today.

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We named no names here.

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You got it.

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You got it.

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There's the roof deck.

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There's the elevation.

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Really handsome building.

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And there's triplexes that are currently going up on the block right now.

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So that's what we are proposing is completely consistent with everything that's going up on the 36.

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What we are proposing is completely consistent with everything that's going up on the 3,600 block of Mellon.

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I also have, I'm going to stop sharing this for a moment.

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Moving in the entire exhibit packet that includes the proof of mailing, the notice that was mailed, all the addresses.

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This is the site right now.

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This is a multi-family here, and there's several multi-families going up, two, three, and four bedroom units.

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With that, I'd like to call my client, Xavier Belensky, to adopt my presentation.

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Xavier Bolensky has been promoted to panelists.

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Thank you.

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Vern, while we wait, can you go back to the first floor plan, please?

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Sure.

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Good morning, Mr.

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Vern, what's your client's name again?

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Xavier Belinsky.

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Okay.

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Mr. Xavier, are you there?

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Yes, I'm here.

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Good morning.

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Okay.

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Hi.

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Could you state your name and spell it for the record?

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Yes, my name is Xavier Belinsky.

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Spell it for the record.

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xavier x-a-v-i-e-r bolonski b-o-l-o-n-s-k-i okay and do you swear or affirm to tell the truth

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the whole truth and nothing but the truth I do okay Vern you want to adopt your testimony

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yeah Mr. Bolonski did you hear my presentation to the board this morning

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yes I did it's true and accurate to the best of your knowledge yes it is and you adopted as your

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own testimony i did and you were present with me at the rco meeting right yes i was and to your

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recollection did anyone offer any opposition to this at all they did not thank you okay questions

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from the board yes um what is the height of the building out of the ground because i know you're

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in between two buildings one that looks like it's much lower than the other well yeah that one's

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coming down uh it's boarded up right now but it's been raised actually um i'll say the reason

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i'm asking is because you're showing a lot of steps at the front of the building and no steps

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at the rear exit so i was trying to figure out where the level change is happening

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go ahead xavier the property to the left is actually a triplex now as well that was raised

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and refill the question is about the the uh how much is above the

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ground how much above the ground is above grade is the basement is that the question or the first

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floor or the first floor yeah i'm not sure i don't have the plans in front of me here give me one

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second okay i was trying to look at the screen but i couldn't see it on the screen it's

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or i think it's in the elevation it's right it was 38 feet yeah i believe i could turn i can get

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to that i see it's right it's right there right here it's right there you got it it's seven it's

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three feet out okay there you go um and then is there so there are steps out of the side

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door to the rear yard or is the rear yard being raised like are you raising the grade of the rear

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yard i don't believe so that door would just go right out back sure but the the first floor is

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three feet above the ground so they're gonna have to walk down steps to get to the rear yard

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Right now, that's not shown.

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That's why I'm asking.

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Yes, if that's the case, they would have stairs right there through that corridor.

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Okay.

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Yes.

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So I think a couple comments that, one, I think a seven-foot high basement, while that is legal, is really tight for you to want to have a bedroom in the basement and a full bath.

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I do think that that needs to be at least eight feet.

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I think the second comment is you have the like yes they're legal but the

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egress well that you have for that rear bedroom is the like one that creates the

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darkest environment underground and you have a lot of space in your backyard

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you're gonna have to dig out anyway and that I do think this was an opportunity

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to have a much better light well into that rear bedroom if you would like it

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in that basement and so my suggestion would be to do a much better light well and utilize some

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of the space that you have in the backyard to create space which could present the opportunity

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um which could present the opportunity to do a rear deck um but you know that's up to you

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to do a rear deck but you know.

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understood thank you any other questions from the board i would just ditto um

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um board member wins comments um about the the basement um ceiling height and if you do make that

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change since you've got the ability to raise the the first floor I'd raise it as opposed to going

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lower in the basement but I know I believe you're at 38 feet for the height I believe so yes you're

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at 38 feet for the height so you're a little tight there but yeah I agree with that the only

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Can you go back to the second floor plan? Sure.

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It's the second.

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But it must have been the second floor plan and then the third floor plan are the same or close to the same.

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Yeah, somewhat.

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Yeah, so I think the second would be the third floor plan and the first floor plan.

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the concern that i have with the the layout really is the um the amount of natural light

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because you've only got that small window that's at the kitchen um that's going to provide any sort

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of real light into that entire dining room living room kitchen space so um that's it's going to be

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all mostly artificial light on that's in there so which is not a great living experience but

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other than that it meets the code appreciate the fact that you did the trash uh storage rooms that

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are going to be vented correct yes sir okay thank you i think the last question is the roof is

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accessible to all of the units or just the third floor unit just the third floor just the top

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okay um questions from our attorney um no questions i just wanted to note that we did

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check again for the rco letter and unfortunately we have unfortunately we haven't received anything

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okay all right uh questions from our audience or virtual audience i see no hands at this time

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chair okay and and planning commission we want to we're going to hold it but you want to stay

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chair okay all right planning commission thank you chair and good morning david effecto with

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the city planning commission chair and board members the comprehensive plan recommends no

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change to the rsa5 residential single family zoning at this location the city rezoned this

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neighborhood in 2017 and a community requested map change the proposal for three dwelling units

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matches the character of the other homes on this block face the city planning commission recommends

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that the board grant the proposed use variance for three dwelling units madam chair i do have

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a question um i guess this is for attorney emerson the changes were purely inside interior layout wise

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uh i don't believe there were any exterior changes to the block to you know to the building itself

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okay so there's there's no change to height location of pilot house that sort of thing

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none okay if there wasn't then we don't need to adopt revised plan i guess the question i have is

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some of the comments that we just brought up that they agreed to would change the exterior because

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if we're talking about pulling that basement up a foot it could affect the height of the

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overall building and the roof line so well we can do that administratively if once that's

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sort of once we get our perm you know go for the permitting for the building permits

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yes i mean there's a little there is room to amend within a certain uh certain number of

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feeder percentage that's true yeah that's how i i would prefer to handle that okay all right well

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Actually, the height, you actually have it because your parapet is at 35.

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You've got 35 at your parapet, so your roof can be at 38.

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So you've got more than enough room to raise it.

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Right, because we could do 38 plus 9.

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Right.

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You'd still be with it.

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Yeah, you'd still be with it.

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The suggestions were great, and I think they'll make the space more livable.

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but i but i think we can do that um once we have the zoning permit okay so are you requesting a

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vote then today please yes okay not a problem so we're not going to hold for the proviso form no

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because we don't need revised plans okay so you're good with it yeah okay

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all right mi202506082 3606 mellon street my vote is yes

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michael johnson my vote is yes cheryl gaston my vote is yes hi mcadams my vote is yes

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tyan wayne my vote is yes thank you okay thank you council thank you 14. okay number 14. am i

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14. Okay, number 14, MI-2025-006299, 1401 East Sheltonham Avenue. Brandon Savron is the attorney.

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This is for multi-family household living within an existing structure.

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Brandon Savron will be joining us as a penalist.

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good morning madam chairwoman good morning um can you state your name and spell it for the record

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yes um brandon saverin spelled b-r-a-n-d-o-n then s as in sam a v as in victor r-a-m as in nancy

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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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Okay.

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And could you identify your client and their relationship to the property?

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Yes.

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My client is Horizon Homes Capital, LLC.

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This is a husband and wife-owned company, and they are here to adopt my testimony.

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Okay.

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All right.

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And so we have your letters of support from the Frankfurt Neighborhood Advisory Committee

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and a letter of non-opposition from Councilmember Lozada. Our Board Secretary, Mr. Gaston,

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Ms. Gaston, has the questions for you.

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Okay.

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DARYL FOX- Good morning, Council.

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DARYL FOX- Did you submit your documents and exhibits five days in advance of this hearing?

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