civus
Hearing video

ZBA Hearing - March 2, 2022

Philadelphia Zoning Board of Adjustment (ZBA)Mar 2, 20225h 41m

all righty you're recording this year let me know when we're going to work all righty i will

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Thank you.

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Good morning. My name is Bill Bergman and I will be chairing this morning's EBA hearings.

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With me is Carol Tenere, our Vice Chair.

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Present, Mr. Chairman.

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Ismail Shahid, our Board Secretary.

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And James Snell, our Board Member.

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Present, Mr. Chairman.

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Also here is our Executive Director, Tanya Sunkit, and our Board Attorney, Sherman Toplin.

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Morning, Mr. Chair.

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Morning.

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Before we begin, here's our virtual format.

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Be advised, the proceedings are being recorded. By participating, you acknowledge your agreement

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to be recorded. The video will be available by contacting our Executive Director, Tanya Sunkett

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at phila.gov. For the benefit of our court sonographer, we ask attorneys and witnesses

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to identify themselves before testifying. If you are participating by phone and you wish to testify,

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press star 9 to raise your hand and star 6 to unmute. To enter an appearance statement, call

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267-270-5548. Leave your email address and the address of the property in question.

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And lastly, please note the question and answer box is not for testimony or comments. Any comments

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should be directed to our executive director, Tanya Sunkin. Let's take a look at contingencies.

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Number 11 on this morning's list, MI 2021-002095-4319-Rawne Street.

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Number 14, MI 2021-004387-6809-Woodland.

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And number 15, MI-2021-004390-7121, Wissetkin Avenue.

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All three of these cases are continued.

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Does anyone have any comments in the virtual audience?

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No hands at this time, Chair.

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Thank you.

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I'm also continuing number 12, MI-2021-00792-441 West Roosevelt Boulevard.

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The packet would receive late and unable to process.

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Anyone have any questions about that?

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Chair, we have Francis.

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Francis, you can unmute yourself and wait for the chair.

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All right.

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Francis, state your name, please, and spell for the court reporter.

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Francis Cuthbertson, F-R-A-N-C-I-S, last name Cuthbertson, C-U-T-H, B as in boy, E-R-T-S-O-N.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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I do.

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You have testimony relative to case 12?

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uh i i was wondering which where we were on the docket because it's for application

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zp-2021-003497 2013 poplar street calendar number 04-0420 i'm going to get back to that

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sir that'll be cool then right now we're talking about case number 12 is case number 12 poplar

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2013 poplar street i just i just tuned in no it's 441 west roosevelt boulevard all right i apologize

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guys. That's okay. That's okay. Any virtual comments about case 12?

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Any virtual comments about Case 12?

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No, hands, Chair.

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Okay, we're going to go to the add-ons for today's case.

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This will be vote only.

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MI 2021-004676-626-630 Bybury Road.

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I vote no.

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Harold Tanari, my vote is no.

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my vote is no

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mr snell you need to unmute okay mr snell you're on mute

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okay um chair are you there jim i'm here no um i was thinking jim he might be having

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technical difficulties. So the three of you have voted. That's fine.

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Okay. Thank you. First case. MI 2021-004393-10201 Clark Street. Mr. Voorhees.

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No RCO letter. Pro se case.

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chair we have mr henry clinton with his hand up i promoted him to panelists

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uh mr chairman henry clinton here i didn't see where it was asked were there any other

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continuances i have one other i'm sorry i'm sorry henry that's my fault you have a continuance

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yes sir which one 2967 amber street number 2021-004-024 yeah we met with the community

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they weren't happy with our presentation, so we are going to pull that and ask for a continuance

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and try to meet with the community again. Thank you, Henry. Any other people have continuances?

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I think that all put their hand down until, unless you're asking about a continuance.

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If you're asking about a continuance, leave your hand up so we can call on you.

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Thank you.

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I'm sorry, Vice Chair.

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No, that's good.

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That's okay.

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Mr. Chair, was that seven or eight for Mr. Clinton?

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I have it.

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Wait, I just had it up here.

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Amber Street, eight.

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Okay, we have Shoshana Bricklin.

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If the staff can allow her to speak.

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Thanks.

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Sure.

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Ms. Bricklin, please unmute yourself and please wait for the chair.

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Hello?

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Hi, Ms. Bricklin, could you state your name and spell for the court reporter?

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Shoshana Bricklin, S-H-O-S-H-A-N-A-B-R-I-C-K-L-I-N.

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Right.

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Do you swear for him to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Do you have a continuous?

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I'm raising my hand for the first case because it's not pro se anymore.

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I'm representing the applicant okay all right we're just stay on any other continuances

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yes chair we have someone by the name of David last name beginning with a d

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bring them on sir please unmute yourself and wait for the chair

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all right I'm unmuted

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could you state your name and spell for the court reporter please

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david delugos d-l-u-g-o-s-z do you swear for him to tell the truth the whole truth and nothing but

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the truth yes what case do you want to talk about continuing uh i am a rco for uh with regard to

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4319 wrong street that's what they said they had contacted uh it's it's continued sir okay

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Okay. Was the new date scheduled yet?

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Not yet.

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All right. Thank you.

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All right. Thank you.

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Any other continuances?

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I see no more hands, Chair.

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Case number one.

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10201 Clark Street.

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Ms. Bricklin, yours has been sworn.

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Good morning, Mr. Chair and members of the board. Firstly, I'd like to make sure that Patrick Jones

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is promoted to be a panelist. He will be displaying the slides.

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Is it a chance that he could be signed in as your name?

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uh i don't know he could be i'm just looking at the uh i don't see it on the um here he is

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at the, I don't see it on the, here she is. It says Shoshana Bricklin. There he is. He has a

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it says shoshana brickland

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little hand raised. He's been promoted to panelists. Thank you. This is, let me just,

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this is, I'm here on behalf of the applicant, Mr. Varghese, who is a city employee. He will not

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be here. So I will be presenting the testimony and asking that it be adopted on his behalf.

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Wait a minute. Before you do that, our vice chair has a few questions before you start.

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Oh, yes. Thank you.

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Hi, Ms. Bricklin.

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Yes.

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

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Yes.

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Have you emailed the exhibit packet with all the required documents?

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Yes.

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Okay, you may proceed.

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Yes, this is the exhibit packet for 10201 Clark Street. I'm going to go through this.

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We also, I know you did not get an RCO letter. We have a copy of the RCO letter,

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which is in support of this, but we can go through the rest. Let's go. I'll go through

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the rest of the packet first. You can start with the refusal. This is a request for dimensional

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additional variance of two feet. There's a setback requirement. This is a Mr. Varghuzzi would like to put an add on to his house of 20 feet of eight, an addition onto the house for to make a handicapped addition for his elderly mother. The setback requirement is 20 feet and he's asking for the variance because he can only do this for 18 feet. Please continue Mr.

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jones this is the application for appeal this is the project information form thank you

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this is the deed

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i believe this is our tax clearance that's all good the certificate of mailing to the rco and the

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near neighbors this was the letter to the rco for their for their meeting

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and this is the pictures this is the front of the the um the residence

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this is a rear a side view

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another side another side view that is the back and side

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that is this is where that patio is is where the addition would be it would be a handicapped

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accessible access from the ground floor there would be a there's a request for a deck on top

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of that and that patio that was the setback is not um it would not be 20 feet from the um

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from the edge of the property it would be the request because it's 18 feet keep going

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next this is the plans keep you can another plan of the uh this layout

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the elevations

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And this is a petition in support of these were these were petitions.

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These were near neighbors who are in support of this project.

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And this is this is the letter from the Somerton Civic Association.

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I don't think you got it yet, but they're the essence of their letter is the 27 voted in favor

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of it for or opposed they have no they they do support it and they do they describe their process

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which is an all online process but it has a lot of opportunity for um and a lot of opportunity for um

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in their interaction and transparency anything else is that the last is that the last slide

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and with that that is our presentation and we would ask for the board counsel is your client

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is your client here no he is not able to be here all right you're an officer the court

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will take the testimony questions from the board no no mr no mr chair

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questions from the virtual audience chair we have alice judovish please unmute yourself and wait

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for the chair. Good morning, Chairman, members of the board. Could you state your name and spell for

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the court reporter, please? My name is Alice Udovich, U-D-O-V-I-C-H, representing Councilman

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Representing Councilman Brian O'Neill.

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Brian O'Neill. Do you swear for him to tell the truth, the whole truth?

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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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Proceed.

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The Councilman has no objection to the granting of the variance at this location.

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Thank you for calling in. We appreciate that.

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Any other comments from the virtual audience?

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I see no hands, Chair.

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Planning Commission?

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Good morning, Chair Bergman and members of the Board.

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Ian Hegarty for the Philadelphia City Planning Commission.

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that's h-e-g-a-r-t-y you swear affirm to tell the truth the whole truth and nothing but the truth

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yes i do thank you members of the board the comprehensive plan recommends no change to

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existing residential single family zoning at this location this proposed dimensional variance is

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minimal and does not conflict with the purpose and spirit of the zoning code so the city planning

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Commission recommends that the Board grant the variance. Thank you, Sarah. MI 2021 004393 1021

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Clark Street, I vote yes. Carol Tenere, my vote is yes. James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes. Right. Thank you, Council. Thank you so much. MI 2021 003793

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1241 to 43 South 57th Street. Counselor Michael Yanov. This is a resumptive hearing.

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He's coming back in as a panelist, Chair. Thank you.

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Morning, Mr. Chairman, members of the board. Morning, Mr. Yanov. Could you state your name

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and spell for the court reporter? Michael Yanoff, Y-A-N-O-F-F. I'm the attorney for the applicant.

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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. Since the last hearing, I think there were several things you were doing. Could you

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bring us up to date? Yes, we made our full presentation at the last meeting, if the board

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will recall. There were an issue about whether or not there was adequate notice to the RCOs,

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And we rescheduled the RCO meeting. We sent a new mailing out to 144 near residents. And on February 28, 2022, we had a meeting which was arranged by the coordinating RCO. There is a letter that was sent in.

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I don't know whether you have it. I saw a letter from Mark Harrell, who is the chairperson of the 51st Ward Democratic RCO, stating in support.

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And we satisfied the request of the board from the last meeting, which was to make sure that adequate notice was provided not only to surrounding property owners, but to all of the RCOs, which was accomplished there.

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Was the property reposted?

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Yes, it was, and we sent it reposting the pictures into the board.

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Thank you very much.

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Questions from the board?

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No, Mr. Chair.

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Questions from the virtual audience?

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Chair, we have Leonard Brundage.

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Please unmute yourself and wait for the chair.

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Yes, I'm Leonard Brindage.

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Could you state your name and spell for the court reporter, please?

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Leonard Brindage, L-E-O-N-A-R-D, B-R-U-N-D-A-G-E.

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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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Yes, I do. Yes.

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Proceed.

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My concern with

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I was here

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I missed

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the

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hearing that I had

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