civus
Hearing video

ZBA Hearing - October 14, 2020

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20205h 0m

the board would be authorized to impose right i mean if it were if we were here because we were

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refused for the multi-family uh then i then i might then i would think maybe otherwise but since

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But since the actual underlying use is already permitted, I'm not quite sure you can do that.

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the actual underlying use is already permitted.

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Well, I guess Ms. Saleta confirmed that.

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And finally, I've met my burden in listing each and every criteria and offering a presentation that showed pretty clearly that we did not fall into any of the detrimental categories.

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and as such unless or until someone provides evidence or testimony that we

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would be detrimental in any of those categories I think respectfully the

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board has to approve it but that's that's all I have what else would like

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to testify in this matter please raise your hand no hands at this time

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I'd like to suggest that we close the record on this

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and the board will render a decision

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at our next Wednesday's executive session.

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So with that, it would be MI-2020-0000132321NorthBroad.

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The record is closed.

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The board will render a decision

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at our next executive session on Wednesday.

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Wednesday is the 21st of October at 9.30 a.m.

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Thank you, Mr. Chairman.

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That concludes my business.

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May I be excused?

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Okay.

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Thank you.

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okay mi-2020-000540-2209 south 63rd street

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this is sharon slid i don't believe i have received any exhibits for this

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case is there anyone out there on this case if so please raise your hand

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2209 South 63rd Street

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there's no applicant it appears but we do have Craig

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good afternoon Mr. Maldosi and good afternoon apparently this case is going to be continued

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Do you have any objections to that?

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No, I don't, but I wanted to clarify for the record.

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Originally, this was sent out.

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Hold on, Craig.

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Craig, I got ahead of myself a little bit.

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Just spell your full name for the record, and you are still on the road from this morning.

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Yes.

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Craig, C-R-A-I-G, last name Melidosian, M-E-L-I-D-O-S-I-A-N, Ward 40, Republican RCO, coordinating

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RCO.

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address P.O. Box

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3-3-3-5-5

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Philadelphia

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1-9-1-4-2

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Okay, please proceed.

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There are several issues

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with this case. It was originally

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given to the

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Democrats

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were 40 Democrats

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and there was a

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and I believe that's actually

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what would have been heard today

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And then it was reassigned to the Republicans, which is scheduled for next week, same time, two o'clock.

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There has not been a community meeting and the applicant has not hung up, whether it's an orange sign or a current white sign in front of the property advertising a ZBA hearing.

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We'd be happy to work with them.

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We probably would approve this.

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It's inconsistent with the commercial corridor.

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our one caveat is that apparently they they renovated the building and pulled no no permits

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so our approval would be a with a proviso that they have to uh okay we're going a little too

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far i think yeah uh lon we did we're going to continue this craig all right what okay but can

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is is there any way to consolidate this because it's showing up as two different cases it's showing

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up as uh this one today mi 2020 000540 and it's also showing up as mi 2020 000724

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what address is that what's what they are both they are both 2209 south 63rd street

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with the exact same source should come to the board by email

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get that craig

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okay so all right where i would think normally the applicant

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Okay, so where I would think normally the applicant would do that, you'd like us to do that.

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Request the consolidation or the removal of it from the Democrats.

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And then consolidate it under Republicans because there was that change.

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Here's the thing, Craig. The board only has certain jurisdiction.

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Anything that's an administrative issue, if you can send it to us and then we can look into it to resolve.

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but the board does not have jurisdiction of that.

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Absolutely, Tanya.

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Thank you so kindly.

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And if we need to, we'll reach out to the applicant ourselves, okay?

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Thank you very much to the board and staff.

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We appreciate your help.

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Thank you, Craig, and thank you for your time.

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MI-2020-000540-2209-South 63rd Street is continued.

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okay mi-2020-000043 1915 north 4th street and this is sharon saleta i just wanted to let you

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know that we've received a letter of non-opposition from councilwoman sanchez thank you the attorney's

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Isaac Slepner. Good afternoon, Mr. Slepner again. You're still on their oath from earlier today.

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All right. Good afternoon again, Mr. Chairman and members of the board.

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Isaac Slepner with Mattione Limited, 100 North Independence Mall West, Suite 5A Northwest,

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Philadelphia PA 19106. And I am going to, if the board can bear with me just a moment,

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I'm going to get my client to log in here. I told him I would let him know when we were on.

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Isaac, if you have a quick second here, let me ask you a question. Have you emailed an exhibit

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packet with the required documents, which are proof of ownership, proof of tax compliance,

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copy of the refusal or referral, photos and plans five days in advance of this hearing?

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I have. Also, have you met with the RCO and have you gotten a letter from them?

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Yes, we have. Okay. And do you agree to waive the reading of the refusal stipulates what's

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accuracy? Yes, I do. Okay, great. Thank you. You may proceed. Thank you. As I mentioned,

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I'm Isaac Slepner. I represent the owner of 1915 North Forth Chain Brother Inc. And my client,

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Simon Shane is either on here or will be on here momentarily and he is the principal of Shane

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Brother Inc. I will walk actually if I could ask for the board to indulge me for a moment so that

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I can round up my client. Is that all right? I probably need less than a minute here.

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okay thank you thank you i'm not leaving i'm just muting and going off video

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uh hi thank you uh thanks for your patience my client is logging in right now um i can let's

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go ahead with do your presentation and we can get your client towards at the end okay thank you um

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so as as i mentioned this is 1915 north 4th and i'll go through my materials here uh exhibit one

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is our notice of refusal which was issued on january 29th 2020 um we've already read and

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we've already waived and stipulated to that exhibit two is our date stamped application

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of Appeal, which was filed on February 13th of 2020. Exhibit 3 is our plans, and I will turn

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these around and I'll enlarge them and just go through the whole set of plans here. So at the

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top here is the front elevation. It's a planned three-story, two-unit building. So as you can see,

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the front and rear elevation. It's three stories with a basement and roof deck. Over here is the

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proposed site plan. 1915 North Forth borders, two existing vacant lots.

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1915 North 4th borders two existing vacant lots. So it would be a freestanding house at this point. And 1915 North 4th is just north of 4th and Norris, basically between Norris and Berks.

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North of Berks, south of Norris. I'm sorry. It's been a long day. Scrolling down, we can see the floor plans. So the unit one would be the basement and ground level.

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And the basement contains living room space with, this is the egress window right, these are actually, I'm sorry, the front steps right here, the egress window at rear with access to the rear space.

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The first floor contains, I believe, is a one-bedroom with a living room, bathroom, kitchen.

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And there's the stairs.

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And the first floor, first slash basement unit has access to the rear yard space.

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And then the second and third floor is a two-bedroom and contains the stairs to the roof deck.

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So both units have outdoor space.

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and those are our floor plans. I'll continue with Exhibit 4 is a set of photographs of the site.

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4A are photographs of the site and if you notice this is 1915 from the edge of that chain link

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to about the middle of this wood fence is 1915. The chain link area there is 1917 north 4th and

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that house is 1919 North Forth. You can see it a little bit better here. 1915 North Forth

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is from the end of this chain link where this large green plant is growing to about the

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middle of that wood fence. Again, that's 1915 North Forth. 1917 again is this chain link

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and 1919 is this house. There's a little bit closer up shot of it. Again, the end of the

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fence to the middle of the wood fence. That green stuff in this lot, that's 1915 North Forth.

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Exhibit 4B are some properties in the immediate vicinity. So this is, I forget the exact address,

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I want to say 1912 or 1910 North Forth is this gray new construction, and that is

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I believe a triplex. Next to it, these red brick are, I believe they are low-income, possibly PHA

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duplexes again let me flip this picture yep there's 1912 so that's 1910 is the

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gray one 1912 is the red brick and again duplex triplex this is again a shot from

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across the street you can see our site 1915 1917 15 is right there in the

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middle 13 11 all the way down to nine exhibit 4c is the orange poster which

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was posted at least 21 days ago. There you see it's stapled to a pole or a

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board at the sidewalk edge of the property. Here it is again. I'll turn this

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photo again. Yep, there it is stapled to a board right at the front of the

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sidewalk line of the property and again there it is stapled to a board right at

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the sidewalk line of the property. Exhibit 5 is our project information form

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that was filed. I think this was also a project that got interrupted by the whole COVID situation,

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but this was our project information form that was filed in February, February 6th of 2020.

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Exhibit 6 is in August when we noticed the neighbors again, an affidavit of service of

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our mailing notice to the neighbors that it was mailed on August 20th, was notarized on September

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10th, including our letter to the neighbors of August 20th regarding the four properties

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that my client owns on that stretch of North 4th, and our notice of refusal that we sent

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to the neighbors.

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Exhibit B are the, I would say, about 100 or so neighbors in that area of Norris Square

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that we noticed by mail, and it's a long list.

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It might even be more than 100.

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Exhibit 7 is a letter from Norris Square Community Alliance, the coordinating RCO, that they issued on August 28th with regard to 1915 North 4th, and the RCO took a position of support.

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They had a vote of 3 in favor and 0 against, 1 non-opposition.

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Exhibit 8 is the deed, which was recorded on 4-24-18 in favor of Shane Brother, Inc.

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And again, my client, Simon Shane, who is logged on at this point, is a principal of

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is a principal of Shane Brother, Inc.

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Shane Brother, Inc. So that's the deed to the property.

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So that's the deed to the property, again, recorded in 2018.

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All the attendant documents that go along with the deed.

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And Exhibit 9 is the tax clearance certification for Shane Brother, Inc.

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We ran that on October 2nd, so that is still valid.

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I also have a letter, and as Ms. Saleta referred to,

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I have a letter from Councilmember Quinona Sanchez's office

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uh in favor of the project thank you can you get your uh your client on yes and i'd like to call

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my client simon shane at this time simon are you there hello hi good afternoon mr shane would you

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please identify yourself for the record spell your first and last name simon shane s-h-i-m-o-n

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S-H-A-I-N

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Swear and affirm to tell the truth

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the whole truth and nothing but the truth

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You do

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Thank you Mr. Schleppner

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Yes Simon

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did you hear all the testimony that I offered to the board today

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Yes

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And is that testimony

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true and correct to the best of your knowledge

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Yes

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And would you adopt that testimony

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as though you gave it yourself today

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Yes

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And I have nothing further for Mr. Shane

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thank you any questions from the board no no anyone who would like to testify in this case

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please raise your hand no hands at this time thank you planning commission

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good afternoon chairman members of the board consistent with recommendations we have given

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for two. Ian, just put your name on the record again. Sorry, Ian Litwin, Planning Commission

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staff. Thank you. Consistent with recommendations we have given for two-unit buildings on similar

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RSA five-lots in this neighborhood, we are not opposed to granting the variance and is

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a reasonable increase in density. Thank you very much. MI 2020-0000431915 North 4th Street.

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my vote is yes my vote is yes my vote is yes all right thank you again thank you members of

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the board i have no further business today thank you mi-2020-000019 2100 south opal street opal

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opal street opal opal depends where you live

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it's kind of like pass yonk or pass yonk yeah

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i have no one raising their hands for this

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okay mi-2020-000019 2100 south opal street is continued

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Okay, this is the one right on the number 14. MI-2020-001136, 1347 South Hick Street.

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Good afternoon, Ms. Fuller. I believe I swore you in earlier today.

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and Sharon and or Tanya I don't have any notes on this sheet what is it they're requesting

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you can give me a moment to pull it up sure sure take your time is there someone here for this case

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was here earlier

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yeah they

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they have to raise their hand though

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Ms. Fuller if you're listening

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please raise your hand

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virtually raise your hand

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there's also a Mark Zwick who is

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here I believe to assist her with

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the presentation

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