civus
Hearing video

ZBA Hearing - April 17, 2024

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

Yes.

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And are you the owner of 6558 North 5th Street?

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Yes.

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And, David, would you, if you had to testify today, would you be able to adopt my testimony as true and correct?

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Yes, that is true.

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All right. That's all I have, Commissioner.

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Thank you. Hillary, before I start questioning, is that parking okay?

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I don't know. I have to look at the zoning history to see if that was previously approved.

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the parking is not required because it's an rsa5 okay use um so yeah but i but while while we're on

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the the subject of the refusal um miss three i just wanted to clarify um so that because the

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the refusal was just said personal services in an existing structure didn't mention

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the prior apartments it didn't say where the personal services was so i just wanted to clarify

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the prior apartments it didn't say where the personal services was so i just wanted to clarify

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the personal services is on the first floor at in the basement as well or is there no basement

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no there is a basement but the basement we use for storage only the nail salon will be for the

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first floor only where customers will be serviced at okay so it's for the first floor and then the

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existing two-family household living above will remain yes it will okay thank you so much

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Questions from the board?

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No, Chair.

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No, Mr. Chairman.

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No, Chair.

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Questions or comments from the virtual audience?

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Yes, Chair.

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Iris Brunson 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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Hello, my name is Iris Brunson, I-R-I-S-B-R-U-N-S-O-N.

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

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Yes.

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Are you a neighbor?

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I am not.

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I am a member of the registered community organization, Oak Lane Community.

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Yes.

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And I just wanted to affirm that there was unanimous support for the request for variants,

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and we anticipate that the applicant will be good stewards of the building and good neighbors.

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Good.

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Thank you so much for taking the time to call.

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We appreciate it.

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Thank you.

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Is there anyone else in the virtual audience?

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There are no more hands.

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Planning Commission.

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Good afternoon again.

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Amy Boyd with the Planning Commission.

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Please proceed.

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The comprehensive plan recommends a change in zoning at this location from residential single family to commercial mixed use.

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This property has a documented history as two dwelling units on the ground floor commercial dating back to at least 1948.

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The Pellant has shown that the proposed use is a minimum necessary to afford relief.

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The proposed use is in agreement with the Comprehensive Plan.

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The City Planning Commission recommends that the Board grant the use variance for personal services.

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Thank you. MI 2024-000600-6558 North 5th Street.

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I vote yes. Proviso. Use limited to first floor with existing two-family household living above to remain.

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Thomas Holloman, my vote is yes, with proviso.

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James Snell, my vote is yes, with proviso.

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Ishmael Shaheed, my vote is yes, with proviso.

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Thank you.

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Number 12, MI, thank you, counsel, MI 2024-000602, 59 North 59th Street.

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Vern Anastasio is the attorney.

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There's a letter of support from Achieve Ability.

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you. Vern Anastasio is coming back in as a panelist.

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Counsel, you've already been sworn. Could you just state your name for the record?

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Good afternoon, Mr. Chair. Vern Anastasio, A-N-A-S-T-A-S-I-O. I'm representing Ms. Ashley

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Saunders in this particular proposal. And that's Kindred Residential LLC?

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Yes, and she is, in fact, a principal.

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Okay. Our vice chair has a few questions, sir.

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Thank you.

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

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Yes, sir, I do.

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

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Yes, sir.

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Thank you, counsel. Please proceed.

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Thank you.

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Mr. Chair, I have a 72-page exhibit binder with the refusal of the floor plans, photos of the property, the RCO notification letter, proof of mailings, the poster and proof of posting, the deed, tax clearance, a full property analysis that my office has completed, RCO results letter of non-opposition, and overhead views itself.

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This proposal is for three units in an existing structure, and it is for, in fact, my clients are pursuing affordable housing, so that all three units will be available as affordability.

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we do have some interior layouts drawn to scale the first floor as you can see is one

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unit there is a side door for basement entrance now we also have the second floor as well

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actually there's two units on the first floor one larger unit on the second floor

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here's the property in question and the environs

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This was historically a two-family dwelling.

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This was historically a two-family dwelling.

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My property history does, in fact, go into that, and I move all of that into the evidence today.

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At some point, the first floor was converted, not by my clients, for residential use.

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We met with the RCO.

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They've asked that we do improvements to the exterior and put in lights and security cameras.

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and we agreed to all of that. There is exterior space for both units to access for trash disposal.

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And of course, there's ample evidence of multi-family electric meters, water meters,

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and the like. Here's the mailing that went out to all neighbors, inviting them to the April 17th

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RCO meeting, as well as the ZBA hearing today. It's quite a number of folks.

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and my clients purchased this property.

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They were already under agreement for it

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with the knowledge and belief

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that this was in fact a legal two-family dwelling.

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As it turned out, once it was under contract

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and they had to close,

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they learned that it was in fact not zoned

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for the two-family dwelling.

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although it presents itself as a legal two-family. After meeting with the neighbors,

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sorry, three-family, after meeting with the neighbors and expressing their desire to make

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this affordable through the Section 8 proposal of the federal government, which they are now

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in the process of securing, we respectfully request the granting of the variants.

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With that, I'm going to ask Ms. Ashley Saunders to raise her virtual hand.

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And Vern, there's two units on the first floor and one on the third.

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That's correct.

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Or one on the second floor.

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I'm sorry.

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I'm sorry.

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One on the second, two on the first, and it's divided by a stair in the center.

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So even creating one unit would just be impossible without pulling out the entire staircase that runs in the center of the property.

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There is, however, a side entrance.

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So that does support the layout as it currently exists.

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The RCO just asked that we improve the exterior, and my clients have agreed to that.

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With that, if I can get Ms. Ashley Saunders to raise her virtual hand, I would appreciate it.

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Thank you.

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She's been allowed to speak.

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Hi, could you please state your name and spell for the sonographer?

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Ashley Saunders, spelled A-S-H-L-E-Y.

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S-A-U-N-D-E-R-S.

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

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Yes.

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Please proceed, counsel.

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Thank you.

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Ms. Saunders, did you hear my presentation to the board this afternoon?

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Yes.

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Is it true and accurate to the best of your knowledge?

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Yes.

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Do you adopt it as your own testimony?

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Yes.

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Are you committed to making these units affordable through the Section 8 program?

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Yes.

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Thank you.

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I have nothing further.

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Questions from the board?

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no mr chairman

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no chair no chair questions or comments from our attorney hillary emerson

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not at this time mr chair questions or comments from the virtual audience

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there are no hands here planning commission please thank you chair bergman and good afternoon

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david effecto with the city planning commission chairman and board members the comprehensive plan

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recommends no change to the residential single family zoning at this location there are rental

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licenses in the zoning archive for one dwelling unit but there is no documented evidence in the

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zoning archive of legal three-family use however the property appears to have been converted

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without the benefit of permits without the knowledge of the current owners the city

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planning commission recommends the board grant the use variants for three dwelling units

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while we also note that the promised affordable units cannot be enforced by any city agency

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Thank you. MI2024, 000602, 59 North 59th Street, I vote yes.

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Thomas Holloman, my vote is yes. James Snell, my vote is yes.

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Dishmil Shahi, my vote is yes.

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Mr. Anastasio, we have another one for you here?

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Yes, sir.

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Just for the record, state your name.

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Vern Anastasio, A-N-A-S-T-A-S-I-O, representing Stockbridge Fine Art Print, Mr. Jeffrey Stockbridge.

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Vern Anastasio, A-N-A-S-T-A-S-I-O.

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Representing

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Okay, so MI 2024-000671-1231-33.

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There's a letter.

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And our vice chair has a few questions.

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Mr. Chair, you broke up there.

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Can you? I said a letter of non-opposition on the Passion Square Civic Association with

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unenforceable provisos. Our vice chair has a few questions. Thank you. Good afternoon,

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counsel. Do you agree to waive the reading of the refusal or stipulate to its accuracy? I do.

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Have you emailed in all the required documents and exhibits that is needed and required to

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proceed with this case five days in advance of this hearing? I have. Please proceed. You've

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Yes, sir. Thank you. It's for the partial demolition of the rear of an existing structure. And it's for the use of a print shop, basically artist studio, photography studio. And this has generated a refusal because the property is on RSA five. Problem is the property has never been a single family home. And that's a that's a that's a, you know, a major point.

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And I see nothing but blank screens right now.

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Excuse me.

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I'm going to stop sharing and reshare.

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Okay.

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Thank you.

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Technology is not my friend today.

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I've been doing this all morning, so please bear with me.

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Nope, that's not working.

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Why don't I do this?

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I have one more case in this group.

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Let me go to that, and I'll come right back.

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I appreciate that.

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Thank you.

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By the way, you also have a letter that was sent today from Council Member Mark Squilla

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and non-opposition as well.

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Thank you very much.

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We'll be right back to you.

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Yep, thank you.

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I appreciate that.

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I'm going to reboot, okay?

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Thank you.

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Thank you.

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Number 15, MI 2024-000680-9801, East Roosevelt Boulevard.

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Darwin Bovee is the attorney.

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Letter of non-opposition from Council Member O'Neill.

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The council office acted as the coordinating RCO.

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The meeting was held on 4-10-24.

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Unanimous support from three people who were there.

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Darwin Bovee has been promoted.

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Thank you, Mr. Chairman, members of the board. Let me just, there we go.

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Just for the record, spell your name for the court reporter.

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Yes. Darwin Bovee, B-E-A-U-V-A-I-S, as in Sam, attorney for the applicant, Boulevard North Associates, which is a subsidiary of the Goldenberg Group.

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do you swear or further tell the truth the whole truth nothing but the truth

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i do our vice chair has a few questions

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good afternoon counsel uh do you agree to wait to read another refusal or stipulate to its accuracy

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yes i do have you emailed them all the required documents and exhibits that is needed and required

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to proceed with this case five days in advance of this hearing yes i have excuse me thank you

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please proceed and you are part of the shared screen. Great. Mr. Chairman, members of the board,

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right, it's always a pleasure to be in front of you. And right now before you is an application

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