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Hearing video

ZBA Hearing - March 2, 2022

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

Have you emailed the exhibit packet with the required documents?

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It appears that you have.

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It appears that you have.

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I have, including a letter of support from the 13th Democratic Court.

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Thank you so much. You may proceed.

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All right. Thank you. May I share my screen?

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Sure you may. We like screens.

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Thank you. Exactly.

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When will we see each other in person?

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I don't know. I think tomorrow.

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Bill?

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I think I've talked to Tanya about this.

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i think we're in the july before it happens but oh really this year okay all right there you go

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it's a year older exactly uh 44 60 north 19th street same exact essentially project as the one

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i i uh described last time which the sports have just supported for 36 25 north 22nd street so we

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have a notice of refusal we have a letter which you're going to see is the only refusal is because

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multifamily use is now technically allowed for this property. Again, it's a very significant

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lot size of almost 1,500 square feet. We met with the 13th Democratic Ward. They unanimously

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supported this one as well. There's a history of multi-unit use here. And you'll see from the

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permit in Exhibit 3, two residential units and one commercial unit. And we actually have an

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active rental license for two residential units. All we're trying to do is essentially swap out

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commercial component with the residential component we're going to see maps of the area again another

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corner property where by way of having a corner property we'll be able to store trash in the rear

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and we would agree to a proviso similar to the other one where was trash would be stored at the

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rear of the property photographs of the property our plans and drawings again similar to the other

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project, no basement living. Exhibit seven is the meeting notice showing proof that we met with the

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13th Democratic Ward and we sent notice of that community meeting to the affected properties or

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application for appeal. Our deed to the property, Candace Korber is online. She'll adopt my

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testimony, and our certificate of tax clearance. So first things first, this is an RSA-5 property,

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really in a name only. It has a significant history of multi-unit use, which we'll go over

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really quickly, but we're asking for three units. Our letter of support from the 13th Democratic

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Board, again, same thing as last time, unanimous support. I will indicate that these are two

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separate meetings again we present very often in front of the 13th democratic ward they acknowledge

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that the lots within their district is are are very large and they are encouraging you know

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legal use of multi-family structures such as this again one of their biggest concerns is just about

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trash storage and removal and no bedrooms in the basement which we have for this project

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a lack of bedrooms in the basement. Again, same type of discussion about like making sure that

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trash is properly stored and removed, which we will agree to in the form of proviso like last time.

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And then just permit of, you know, from L&I showing that this was at one point a two-family

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plus an office, so three units. All we're looking to do is swap out that commercial component for

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residential component. We actually have a rental license of record for this property for two

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residences. So this variance would allow us to have a rental license for three units. Just to

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reiterate, my client is not renting out that third unit. She is waiting, hopefully, to get the board

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support in terms of this variance. And at that point, she'll get a certificate of occupancy for

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three units, and a rental license as well for that third unit.

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Do you want to swear your...

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Yeah, we can if you want.

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I mean, you have all the documents.

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You've seen all the documents.

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You see my...

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It's basically the same documents as always.

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I'm going to unshare my screen, and I'm going to have my client, Ms. Korber, virtually raise

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her hand.

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ma'am please unmute yourself and please wait for the chair

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hi could you state your name and spelled for the court reporter

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candace corber c-a-n-d-a-c-e last name is k-o-e-r-b-e-r right do you swear or affirm to tell

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the truth the whole truth and nothing but the truth yes i do proceed uh miss corber you heard

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everything I stated today? Yes. And is it true and correct? Yes, it is. And do you adopt it as your

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own testimony? I do adopt it. All right. Thank you. Questions from the board? No, Mr. Chairman.

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all right thank you questions from the board no mr chairman no mr chairman no mr chairman

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No, Mr. Chairman.

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questions from the virtual audience or comments here we have charles richardson

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good afternoon again mr chair just say your name mr richardson i know you're doing some other work

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there yeah charles richardson the office of councilwoman cindy bass the councilwoman has

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no opposition to granting the variance thank you very much planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing rsa 5 single family uh zoning at

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this location the property has a long history of being used as a multi-family property we feel the

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change from commercial use on the ground floor to residential will have minimal impact accordingly

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the Planning Commission recommends the Board grant the variance. Thank you very much. MI 2021-004966

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4460 North 19th Street, I vote yes. Carol Tenere, my vote is yes. Thomas Holloman, my vote is yes.

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James Snell, my vote is yes. Ishmael Shahid, my vote is yes. Thank you Mr. Knopkinson. Oh the one

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thing because we did promise the 13th Democratic Ward if you may re-vote that with a proviso

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uh trash to be stored at the rear of the property

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okay i mean i i don't care but like no no no no i'll we'll vote

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um i vote yes with trash being stored in the rear of the property

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harold tenere my vote is yes with proviso

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james snell my vote is yes with proviso

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Thank you, Mr. Knopfler.

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Thank you.

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All right.

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Tanya, I'm going to keep going until you tell me you're ready with the other case.

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Yes, Chair.

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Thank you kindly.

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MI 2021 0049016228 Haverford Avenue, RCO HMC Squared, letter of support.

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PROVISO TO BOARD MEMBERS.

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STEPHEN BURTILL AND MELANIE LACEY, BOTH ATTORNEYS.

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MS. LACEY IS COMING BACK IN AS A PANELIST.

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Thank you.

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

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Good afternoon, Mr. Chairman, members of the board.

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Melanie Lacey, spelled M-E-L-A-N-I-E, last name L-A-C-E-Y.

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I'm with Claire Harrison Harvey, Brandsburg, 1835, Market Street, Suite 1400, Philadelphia, PA.

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

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I do.

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Proceed.

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And our vice chair has a few questions.

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Hi, Ms. Lacey.

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

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I do.

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It appears that you've submitted everything required.

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Is that correct?

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That is correct.

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And you jumped right on sharing your screen.

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Thank you.

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May I proceed?

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Yes, you may.

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Okay, wonderful.

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Thank you, Mr. Chairman.

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I represent the applicant Bo Ava Capital LLC, which seeks a variance to permit five dwelling

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units in an existing multifamily building.

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Here is a list of the exhibits that I'll be sharing this afternoon and I will be brief.

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So I'm accompanied by a representative for the owner applicant, Maurice Demestine, and

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the subject property is located at 6228 Haverford Avenue, as mentioned.

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and the applicant received the refusal letter on November 28th of 2021 because five dwelling units

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are prohibited in the RSA5 zoning district, which you can see here. Is everyone seeing my screen

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well? We are. Okay, so we met with the coordinating RCO for the area, which is HMC squared on February

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17th, and the group was generally supportive of the application, which you can see here from the

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votes. So this is a letter of support and I'll note that the proposed provisos are unrelated

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to the zoning relief. They're requesting that the applicant provide portable fire escapes

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as well as that the applicant offer the efficiency unit at an affordable rate,

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but the applicant does agree to uphold those requests.

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So, here is the zoning map. You can see that the portion of Haverford Avenue where the property is located is surrounded by RM1 and CMX2 zoned properties located directly across the street, and those districts allow for multifamily uses.

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So here is the zoning map. You can see that

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In actuality, there are other multifamily properties on that block, and one or two that are under construction.

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You can also see CMX2 zone properties located on the same side of the street, which I'm hovering over right now.

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And so, you know, these existing conditions mean that the proposed use fits with the character of the surrounding area.

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Now I'll show some photos of the area.

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So these are simply aerials, map view, as well as satellite view.

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As mentioned, the property is fronting on Haverford Avenue, and it's a corner property with side entrances on North Belton Street.

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So these are photos of the block where the subject property is located.

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The first one as stated is the south side, and the property is a little bit hidden in this photo,

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but you'll see zoomed in images. It's this one on the end. This is the opposite side of the street.

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This property on the end, which is on the opposite side of North Felton, is also a multifamily.

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And this is the opposite side. This is the north side of Haverford near the intersection with

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North Felton, which you can see seems to have some construction underway.

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So this is the subject property. This is the front entrance, and then you can see the side entrances, and this is the side wall.

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So we have the images of the posted notice on all entrances, as mentioned.

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and I'd like to note that the applicant purchased the subject property in 2021 and it's been vacant

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for quite some time but prior to that vacancy it was already a multi-family building so this

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application isn't seeking to convert a single family home into five dwelling units and as you

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can see the property is quite large the current layout does provide for multi-family as mentioned

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Lastly, I will get to the architectural drawings.

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Here is the site plan.

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You can see that it shows the stairways, ingress, egress, and now the floor plans, which we

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shared with the RCO and they have no objections to.

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But specifically, I'll run through the unit mixes. There's one efficiency unit on the second floor, three one-bedroom units with one being on each floor, one two-bedroom unit on the second floor.

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And I'll note that that efficiency unit that's being proposed would allow the applicant to offer all of the apartments at more affordable price points, and obviously the efficiency unit would be the most affordable, and that's the one that's referenced in the proviso with which, you know, the applicant is intending to comply.

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Finally, I'll just run through some of those other documents. We have a copy of the deed.

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We have tax compliance showing through 2021, no balance, the application of appeal and project information form, as well as the RCO notice and proof of mailing.

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So in conclusion, given the zoning and use of surrounding properties, the historical use of the subject property, and I failed to mention actually, and I'll go back quickly, there's a garage that would accommodate two parking spaces, and that would certainly alleviate any additional parking that comes onto the block by way of these new units.

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And then, once again, with the affordable price points for all of the units, but especially

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the affordable, the efficiency unit, we're confident that the proposed variance will

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have no negative impacts on the surrounding area, public health, safety, or welfare.

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Very quickly, I will show you the garage.

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So you can see it.

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I'm zooming in right here.

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This is the existing garage. Obviously, it's abandoned at this time, but it will be renovated and maintained as a garage use.

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renovated and maintained as a garage use. So that summarizes my testimony on the application.

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As mentioned, I'm accompanied by Maurice Demastine. So if you could please promote him,

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I'd like to have him adopt my testimony.

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I'm sorry, what is the name of your client? Because there's no hands up.

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uh maurice if you could raise your hand that would help them identify you it's maurice

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demastine d-e-m-o-s-t-h-e-n-e he can amuse himself he's free to speak

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hello my name is maurice hi could you state your name and spell for the court reporter

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maurice demastine m-a-u-r-i-c-e d-e-m-o-s-t-h-e-n-e do you swear or affirm to tell the truth the

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whole truth and nothing but the truth i do christy did you hear my testimony uh that i provided to

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the board this afternoon yes and do you affirm that my presentation was accurate yes do you

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adopt the testimony as your own yes thank you so we'd be happy questions from questions from the

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board no mr chairman no mr chairman questions from the virtual audience or comments

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i see no hands chair planning commission

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good afternoon chair peter bernard for the planning commission

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the comprehensive plan recommends no change to the existing rsa 5 single family zoning at this

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location the property is already being used as a four four unit multi-family however the applicant

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has failed to demonstrate a hardship that would necessitate an additional unit furthermore we feel

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that bedrooms not should not be located in basements and non-deed restricted units cannot

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be enforced as affordable housing accordingly the planning commission recommends the board

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out of the variance. May I respond to the last? Sure. Right. So we're aware that certainly that

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proviso is unenforceable in this particular context, but the applicant is willing to

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voluntarily offer that unit at an affordable rate in compliance with 50 or 60% AMI.

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Thank you. MI 2021-004-901-6228 Haverford Avenue, I vote yes.

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Carol Tenere, my vote is yes. Thomas Holloman, my vote is no. James Snell, my vote is yes.

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Dishmiel Shahid, my vote is yes. Thank you, Councilman. Thank you.

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MI-2021, 004836, 622 East Wyoming Avenue, Mr. Nockamson, 42nd Ward, letter of support,

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Councilwoman Sanchez, letter of non-opposition.

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Ms. Amazon is coming back in as a panelist.

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good afternoon chairman hi could you could you just state your name i remember swearing you

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earlier today yes of course clinton amazon uh our vice chair has a few questions hi miss amazon do

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you agree to waive the reading of the refusal and stipulate to its accuracy yes i do it appears that

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you've submitted all the required documents is that correct that is correct you may proceed

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thank you and i'll just go ahead and share my screen

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can everyone see my screen yep yes so again my name is quante amazon today i'll be presenting 62

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22 622 excuse me it's a long zoom day east wyoming avenue on my presentation i will go

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through the notice of refusal we did meet with the 32nd democratic board on february 20th and

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we have a letter indicating the unanimous support of the project we have the maps of the property

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a permit showing that there is in fact multifamily history for this project so our request is not out

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of sorts we also did significant community outreach and we have a petition indicating such

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Our photographs of the property, the proposed plans and drawings, the notice for the February

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20th meeting, the application for appeal, the deed for the property, as well as our

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certificate of tax clearance.

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