civus
Hearing video

ZBA Hearing - April 17, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Apr 17, 20245h 58m

Yes, my name is Eden, E-D-E-N.

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Yes, my name is Eden, E-D-E-N, Alfasi, A-L-F-A-S-S-Y.

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Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Are you a neighbor?

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Yes, I am. I live at 1116 Bridge Street, about a block.

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Okay, please proceed.

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yeah i just um i'm i'm not there right now but i i've been living there for about four years

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ever since the new management came into place um with eli i just i've seen a lot of um i guess

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medical work personally i know a lot of tenants that live in the unit in the building um just a

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lot of positive experiences you know i i definitely um you know i just get a lot of cleanup in the

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area and seeing them get rid of a lot of unwanted activity and so on.

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So I just wanted to say that with the safer management in place, I'm definitely in support

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of this zoning change to allow for more attendance because of the office space to facilitate that.

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I'm confident they will continue with their great work keeping the area safe and clean.

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Thank you.

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Is there anyone else in the virtual audience?

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Yes, Chair.

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two hands are up. The first one is Lauren Moore. We'll be allowed

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to speak. Hi, could you please state your name and spell it for the court stenographer?

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Good afternoon, everyone. My name is

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Lauren Moore. That's L-A-U-R-E-N-M-O-O-R-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, sir, I do. Are you a neighbor?

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yes i am i live at 5231 oxford avenue and i've been here for five years so i've been here with

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the old owner over here and i am now here with the new one please proceed

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i just want to say that i have full support of this uh when i say night and day within the i've

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I've been here five years.

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It's been a breath of fresh air.

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It's safer.

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A complete turnaround from the simple things like trash in the parking lot.

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The smallest things is like night and day.

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And I really hope this goes well for Eli and them because we deserve it.

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They have really took that place around.

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All right.

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Thank you very much for taking the time to call.

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Do we have anyone else in the virtual audience?

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Yes.

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Yes, that person by the last name of Pritchett will be allowed to speak.

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

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Do we see the hand up?

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Yes.

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Can you please unmute last name Pritchett?

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Can you hear me now?

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Yeah, sure.

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Could you do me a favor?

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Could you please state your name and spell for the stenographer?

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My name is Leilani. That's spelled L-E-I-L-A-N-I. And my last name is Pritchett, which is spelled P-R-I-T-C-H-E-T-T.

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You swear for him to tell the truth, the whole truth, nothing but the truth.

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Yes, I do.

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Please proceed. Are you a neighbor?

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Yes, I'm actually a, yeah, I live on 5231 Oxford Avenue. I've been there for about, I'm coming up on three years.

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I've been with the old property manager and I've been there when sort of Eli took over.

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And I also feel like there's been a great change.

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There were basic things with my unit that I didn't have.

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And I just, the old manager told me that it just didn't come with it.

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I mean, and now to see it so much better has been very helpful.

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All right.

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Thank you very much for taking this time.

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Is there anyone left in the audience?

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doreen anybody left oh i see no hands this time chair hi planning commission

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thank you chair bergman and good afternoon david effecto with the city planning commission

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chairman and board members the comprehensive plan recommends no change to the commercial

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mixed-use zoning at this location this property has a documented history as 27 dwelling units

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and offices. The refusal for not providing ground floor commercial space is a current condition,

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so the City Planning Commission recommends granting this variance. However, the appellant

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requests nine additional dwelling units. They could have applied for the mixed income housing

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bonus to earn between six and 13 dwelling units. These would be guaranteed affordable dwelling

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units whose income restrictions would be enforceable by the city. Since this variance can be cured

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through an administrative remedy while meeting the city's goal of providing real affordability,

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while meeting the city's goal of providing real affordability the city planning commission

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the city planning commission recommends that the board

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recommends that the board deny the use variance for additional dwelling units

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okay um council you want to respond to that so it's the lack of the benefit of the bargain here

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my client purchased the property as an unrestricted property these are affordable units um but my

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client did not purchase the property to be deed restricted and if they were to do that

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that very likely would be a violation of their loan documents and they would be a breach of contract of sale.

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Thank you. So, MI 2023-006-944-2244 Oxford Avenue, I vote yes.

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Thomas Holliman, my vote is yes.

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James Snell, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, counsel.

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Thank you.

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All right. Number 11, MI 2024-000600, 6558 North 5th Street. Darlene Treat is the attorney. There's a letter of support from the Oak Lane Community Action Association.

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Darlene Treat is coming in as a panelist here.

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Okay.

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Good morning, Commissioner Darlene, for the applicants.

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

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Darlene Threatt, D-A-R-L-E-N-E, last name Threatt, P as in Thomas, H-R-E-A-P-T.

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You swear a firm to tell the truth, the whole truth, and nothing but the truth?

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Yes, I do.

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Could you identify your client in relationship to this property?

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My client is NNMP Investments, LLC, represented by the principals today. On the line, David and Tracy Nugent.

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Our vice chair has a few questions for you.

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Good afternoon, counsel. Do you agree to waive the written of the refusal or stipulate to its accuracy?

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Yes, I do.

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Have you emailed in all the required documents and exhibits that is needed and required to proceed with this case five days in advance of this hearing?

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Yes, I have.

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Thank you, counsel. Please proceed and show your screen.

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Okay, can you see my screen?

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Yes.

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Okay, I'll just move this a little bit.

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Okay. Good afternoon, Commissioners. I represent Tracy and David Nugent, who are the owners of 6558 North 5th Street.

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I submitted a package of information to the board, which contains approximately 12 exhibits.

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We have the refusal, the appeal, the property information form, the deed, tax information.

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I have licenses, plans, pictures, mailing information, and a letter of support from the Civic Association.

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A commission is my client, Tracy Nugent, currently owns a nail salon in Melrose Plaza on Sheltonham Avenue.

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She's been operating that salon there for over 20 years.

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She was not able to renew her lease and she had to find a new location.

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She was fortunate enough to find a location within probably a mile from her old shop.

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and she would like to open up a nail salon at 6558 North 5th Street.

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commissioners uh we applied for a use permit with lni and we received the refusal which is on the

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Commissioners, we applied for a use permit with L&I and we received the refusal.

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screen uh we were refused because uh the proposed use of personal services is prohibited in the rsa

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5 zoning district the commissioners i'd like to give you a little bit of the history of this

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property i just want to pull up a picture to show to you

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Commissioner, this is the property in question. It has at least a 20-year use of commercial use

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on the bottom here. For the last 10 years, this property has been vacant, but the 10 years before

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that, it was a community flower shop. The property is also legal currently for two apartments on the

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top. There is a one-bedroom apartment on the second floor, and there's a one-bedroom apartment

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on the third floor. And I'll show you the licenses for that. Ms. Nugent would like to operate her

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nail salon at this location. Basically, she will be open six days a week from about eight to six.

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Currently, including herself, she has three employees. As you can see from the picture here,

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and I'll show you the plan shortly. The tenants enter the building from the side here and go

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upstairs. The nail salon customers will enter from the outside here. There's also an entrance

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way back here, but that's probably just for employee use. The patrons will come in through

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the front door. I'm going to go back here a little and just show you.

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just reduce that for you. This is currently just the site plan where the building is currently

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located. You can see it is a corner property located at the corner of 5th and 66th Avenue.

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I'm going to scroll down a little to give you a side view and elevation of the property. This again

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is the front of the property this is the side of the property as you can see it's a long property

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this is the front door which is kind of like catty corner these are the two bay windows which

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have a legal roll down gate turner this is another side entrance and this is a back

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fire escape entrance for the tenants upstairs i'm going to scroll down a little bit more

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And I have to enlarge this for you. I'm going to show you the layout of the interior of the building here.

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Just make it a little bit larger.

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As you can see, this is the floor plan of the entire building.

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Again, this is the side entrance for the tenants to go upstairs.

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This is the entrance to the nail salon here.

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This is the waiting area here and a little reception area.

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This is for the pedicures.

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Here are the manicure chairs.

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Here are the brow and waxing area.

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Over here is the bathroom for the use of the tenants.

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Again, this is the side entrance that one can come out the door with.

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Just to show you that the client has all the requisite licenses, here is a copy of the current cosmetology license.

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Here is a copy of the current rental license for the two units upstairs.

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Here's a copy of the Nail Tech Salon License.

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And here's a copy of the Commercial Activity License.

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I'm going to scroll down a little now to give you an overview of where the property sits and what it looks like.

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This is the rear of the property. As you can see, there are two parking spaces in the rear of the property.

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And there is an additional entry or exit from this property to the first and the second floors.

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That's a picture of the property looking south down 5th Street.

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Here's a picture of the property looking north down 66th Street.

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And that won't move over for me.

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And that won't move over for me.

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There we go. Looking north down

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66th Street.

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Here's another picture of the entire side of the property

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on 66th Street.

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Here's another picture of the property.

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Here's another picture of the property.

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And here are some pictures of the interior of the property.

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It's pretty much a straight through property.

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You can see it from front to back.

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We haven't put any of the stations or chairs in the property yet.

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We're still waiting for the zoning approval.

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That's another look at the interior of the property.

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The side view, you can see the windows on the property.

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Here's a picture of the lavatory that's in the property.

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This is a picture directly across the street from the property.

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It's another corner property.

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I took this to show you that almost all the properties in this area have commercial businesses on the corner and some type of a living arrangement on the top.

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I took a picture of the property at 66th and Fifth Avenue to show you again.

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And they have a hair salon on the first floor and they have a residential dwellings on the top, which is consistent with the type of use that we're trying to reestablish at 6558.

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And here's an additional picture of the opposite corner with another hair salon on the bottom with residential dwellings on the top, which is consistent with the types of use that we're trying to establish also.

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So, commissioners, we did notice the community, and we sent out a flyer to all the residents to have a community meeting.

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We met with the community, I believe, on the 7th, excuse me, on last month.

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Here's a copy of the proof of mailing where all the letters that were sent out.

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And then we did have a letter of support from the organization.

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I believe that there was not one person in opposition to our use.

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Commissioners, with that, I would ask if you had any questions that we are more than willing to answer them.

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And that's my presentation for today.

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Okay, thank you.

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Do you want to bring your client on?

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Yes.

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David, can you raise your hand, please?

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David has been allowed to speak.

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

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Mr. David, can you unmute yourself, please?

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How are you doing, sir?

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Hi. Could you please state your name and spell for the court stenographer?

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Sure. Dave Nguyen, D-A-V-E-N-G-U-Y-E-N.

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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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Good afternoon, David.

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David, are you a principal member of NNMP Investments, LLC?

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Yes, ma'am.

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And have you heard my presentation to the Zoning Board of Adjustment today?

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