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Hearing video

ZBA Hearing - October 30, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Oct 30, 20245h 46m

He purchased it as those photos show fully built out with the exception of the furnishings and the finishings.

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Did he reasonably rely on the seller and the realtor who presented this as a two-family dwelling and purchased it in good faith?

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Yes, he did.

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Did he make a mistake in not pulling a city cert or demanding a city certification, even though they no longer can be used to guarantee a use?

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Yeah, that was a mistake on his part, and he readily admits that.

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But given the circumstances of this particular case and the difficulty it would be to remove the people who live there and convert this property back and not lay it to waste, we're respectfully requesting the granting of the variance.

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And with that, I'd like to have Mr. Pierce raise his verbal hand.

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Were you at the community meeting, Vern?

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Yep.

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How did it go?

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It went well for the most part.

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There were some questions about, you know, he's a small-time investor.

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And there were one or two questions about, hey, how come you didn't catch this? Because he does this, he purchases and rehabs often, and has never run into a situation like this. And he basically said, hey, I relied on the folks who sold it to me, and I should have done, you know, I should have done better.

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and he you know he took full responsibility for not following up before you know putting folks

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in there he he really assumed and reasonably relied on what was presented to him and what

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his eyes told him which was a duplex so not only that were the only real questions of concern

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most folks were you know again it was very unusual because we even had a gentleman by the name of

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Mr. Robinson in the meeting who said, yeah, we'd love the fact it's the best looking house on the

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block. I'll take you door to door and show folks what you'd like to get done. And then we didn't

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hear anything. And we followed up with both the RCO leadership and Mr. Robinson. So that's when

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my client went door to door himself and got the eight adjacent property owners to fully support

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may i bring on my client to adopt my presentation thank you todd pearson

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todd pearson todd pearson sorry todd pearson if you're in the virtual audience please raise your

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hand todd pearson has been unmuted and allowed to speak morning sir

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Todd Pierce has been unmuted and allowed to speak.

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Morning, sir. Could you please state your name and spell for the stenographer?

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Todd Pierce. Thomas Todd Pierce. T-H-O-M-A-S-T-O-D-D Pierce. P-E-A-R-S-E.

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Do 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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Please proceed, counsel.

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Thank you, Mr. Chair. Mr. Pierce, did you hear my presentation to the board today?

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Yes, I did. Is it true and accurate to the best of your knowledge?

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Yes, it is. Do you adopt it as your own testimony?

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I do. Thank you. I have nothing further, Mr. Chair.

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Questions from the board. How long have the tenants been there?

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Since he outfitted it, so it has to be less than a year because he purchased it in June of 2023.

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took him a few months to outfit it and then he occupied it but he occupied it before he got

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rental license he occupied it and then tried to get rental licenses and that's where the snag hit

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he assumed he was able to get it uh get these rental license as a matter of right and then

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was surprised to learn that he could not i got one he was able to only get one that's correct

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because it was owned as a single family still zoned a single family yes sir

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are both the units occupied yes sir

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so then he occupied units without rental license he had them occupied then went to the city for a

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rental license and was then told he was unable to secure the rental license for both so he

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was able to get one. So I guess what I'm getting at is he should know that he has to have a rental

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license before he rents the property. Right. He thought it was just a perfunctory sort of,

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you know, method. Having done this a couple of times before, has folks in, immediately pulls

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the rental license and everything's been kosher. He did not expect to be told that the property

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that he purchased was not legally zoned. Is the first floor unit the only one that has access to

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the basement. Yes. Yes, sir.

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Are utilities have utilities been separated where panel panels on the second floor for the second floor unit?

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Yes, sir.

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All right. Thank you.

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I guess my question or comment, whichever one it is, following up on what

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as Poor Member Johns was saying, part of what you have to do once you get your property license,

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your rental license, or whatever they're calling it these days, is you're supposed to give the

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tenant, what is it, these, it is, it's something about habitability and what have you. So those

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are things that they're supposed to have before and not after they're already have rented the

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property. So I might suggest that in addition to looking into city certs that your client

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for future reference get the rental licenses first and not wait or assume that this is some

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perfunctory thing this is a this is a requirement um to rent a property yeah i think i think i could

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speak for my client because i heard him say that the rco he is learning a pretty big and expensive

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lesson here uh and it uh he doesn't anticipate ever putting that cart before the horse assuming

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anything anymore okay and that can be too and again that takes me to the pictures that you

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were showing too because again you have someone who's advertising the the seller is advertising

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or the broker whoever it is is advertising that these are two family dwellings but they

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may or may not be legally two family dwellings and that's why uh one of the things that it's

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wise to do is to kind of check so yes ma'am he's learned his lesson okay

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Questions or comments for our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Any comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission?

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I am your board with the Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing residential single-family RSA 5.

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The appellant occupied the space without proper licensing.

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The appellant occupied the space without proper licensing.

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Further, they have not shown that they're...

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Further, they have not shown that there are unique physical circumstances or conditions that would prevent the property from being used in conformance with the zoning code.

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The Planning Commission recommends that the Board deny the requested variance for two-family household living.

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MI 2024-003-741-6056 West Gerrard Avenue. I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Thank you, Mr. Chair.

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Hold on.

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Can you hear me now, Chair?

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My vote was yes.

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We hear you now.

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We hear you now.

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Okay.

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What's your vote?

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Ishmael Shaheed, my vote is yes.

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Thank you very much.

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Thank you, counsel.

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Thank you.

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Number 12, MI 2024-003-844-1410 North 31st Street.

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Joseph Consul is the attorney.

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There's a letter of support from Brewery Town,

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Shardswood Civic,

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and a letter of non-opposition from Council Member Young.

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Mr. Consul is coming back in now as a panelist chair.

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Mr. Consul, I think I swore you earlier today, just for the record, state your name.

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Joseph Consul, J-O-S-E-P-H, C-O-N-S-O-L-E.

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Sorry.

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You identify your client and relationship to the property.

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Yeah, it is Jamie Turner from Acclaim Autism.

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Our vice chair has a few questions.

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Good morning, Councilor. Do you agree to read another refusal or stipulate to its accuracy?

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Yes.

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Have you emailed them all the required documents and exhibits that's needed and required to proceed with this case?

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Five years in advance of this hearing?

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Yes.

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Thank you, Councilor. Please proceed and share your story.

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Okay. I am here today on behalf of Acclaim Autism.

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Acclaim Autism is an organization that provides high-quality, scientifically-driven behavioral analysis therapy services for children on the autism spectrum and their families.

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They have locations in Jenkintown, PA, Chester County, PA, Lancaster, and also in Irvine, California.

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They have signed a five-year lease at the subject property here at 1410 North 31st Street.

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The property is owned RMX2.

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The special exception referral is for medical dental health practitioner in an existing structure.

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They currently have a license to operate as a daycare, but to permit the full scope of their services, this referral is required as well.

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We met with the Brewery Town folks.

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We got a support letter, as you mentioned, no votes in opposition.

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It's our proof of mailing.

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That's what we mailed.

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Here's the photos of the exterior of the place. It is a spot in this

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mixed-use building that faces the street.

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Some other photos.

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Here's the map showing the space that my clients occupy.

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Tax Clearance Certificate, the company that runs Acclaim Autism and signs the lease is

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Aspire Autism, Inc.

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Their Human Services Certificate of Compliance, letter from the state approving them to operate

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in this location, and then finally the five-year lease with several renewal options.

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It's a 4,000 square foot space.

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With that, I'll call my client, Jamie Turner, to adopt my testimony.

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If you're available, Jamie, to raise your virtual hand.

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Jamie Turner, please unmute yourself and wait for the chair.

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Say your name as spelled for the stenographer.

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Jamie Turner, J-A-M-I-E, last name T-U-R-N-E-R.

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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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Please proceed, counsel.

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Hello, Jamie. Did you hear my testimony just now regarding 1410 North 31st Street and your company's lease at the location?

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Hello, Jamie.

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Did you hear my testimony just now regarding 1410 North 30?

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I did, yes.

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Do you adopt it as your own?

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I do.

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Okay. Nothing further, Board.

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Counsel, is it Space A or Space B, or is it both?

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Oh, Jamie, can you opine on that? I realize that they weren't labeled.

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Yeah, it's Space B, the blue shaded area.

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Questions or comments from the Board?

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I have no questions.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience?

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Chair, we have Conlon Crossley. They have been unmuted and allowed to speak.

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Morning. Could you please state your name? It's spelled for the court stenographer.

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Good morning, Chair. My name is Conlon Crosley, C-O-N-L-A-N-C-R-O-S-L-E-Y.

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Swear or affirm to tell the truth, the whole truth, nothing but the truth?

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I do.

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And you're from Council Member Young's office?

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Yes, sir.

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Please proceed.

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I just wanted to reiterate that the Councilman's office has a position of non-opposition.

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My computer went out. I don't know if we heard the letter was introduced.

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I did in the very beginning say that where you were on that, sir.

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Thank you, sir.

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All right. Thank you very much.

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Anyone else in the virtual audience?

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There are no further hands, Sharon.

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Planning Commission.

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The comprehensive plan recommends no change in zoning at this location from the existing residential multifamily mixed use, RMX2.

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The appellant has shown that the proposed use will not cause detrimental impacts to the neighborhood beyond what would normally be expected.

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The City Planning Commission recommends the Board grant the requested special exemption for group medical practice.

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I think so.

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Thank you. MI 2024-003844, 1410 North 31st Street, I vote yes with Proviso. Use limited to Space B.

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Michael Johns, my vote is yes with Proviso.

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Cheryl Gaston, my vote is yes, with proviso.

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Ishmael Shahid, my vote is yes, with proviso.

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Thank you. You have your votes, counsel.

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Thank you, board.

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Number 13, MI 2024, 003-849-899 Marcella Street, Joseph Vaccaro is the attorney.

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There's a letter of non-opposition from the 37th Ward Executive Committee with several provisos.

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

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Okay.

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Good morning, Mr. Vaccaro.

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Good morning.

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Can you hear me?

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Can you see me?

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We can do both.

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Okay, wonderful.

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Thank you very much.

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State your name is spelled for the stenographer.

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And good morning.

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May it please the board.

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My name is Joseph Vaccaro, V-A-C-C-A-R-O, attorney for the applicant.

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Um, I'm Hungry Restaurant Inc, represented by Crystal Lee's Marie Paz, who is actually sitting to my left in my office.

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Swear or affirm to tell the truth, the whole truth, and nothing but the truth.

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Yes, I do.

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