civus
Hearing video

ZBA Hearing - April 17, 2024

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

But the project was well supported by the community as stated in the letter.

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But there were some lingering questions regarding documentation and planning, which is stated in the letter.

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And again, they circled back to discuss their overall support of the project.

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But in their letter, they state they did not reach agreement.

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And they were looking for a secondary follow-up discussion with the attorney.

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I say these things because our office just just submitted and had an ordinance approved by the mayor that that bans mobile vending in the 54th Ward of the 7th District.

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That's ordinance number two four zero zero one four.

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What we would like to see is a letter that states community support so that there is there's no question that mobile vending is supported in this district unwaveringly and without question so that we don't have to so that our office is not required to create another ordinance that would.

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SO THAT OUR OFFICE IS NOT REQUIRED TO CREATE ANOTHER ORDINANCE THAT WOULD DETER MOBILE VENDING

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AND THESE TYPES OF OPPORTUNITIES FOR ENTRECENORS IN ANOTHER PART OF OUR DISTRICT.

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SO ACTUALLY WHAT WE'RE REQUESTING IS THAT THE CASE REMAIN OPEN UNTIL A LETTER OR A LETTER FROM

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THE COMMUNITY CAN BE SENT JUST VERIFYING THAT THEY DID HAVE A FOLLOW-UP MEETING AND THEY'RE

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my board with the project. Finally, we would request that the variance be for only two years

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to ensure the viability of the project. Initially, we know there could be some concerns regarding

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parking noise, other issues. We want to be sure that the plan that the applicant has is viable

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and it is that disruptive to the community. Thank you very much for your time.

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Thank you. Is there anyone else in the VRT's audience?

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No hands, Chair.

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Planning Commission.

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Good morning, Chair. Again, Jonathan Goins, Planning Commission staff.

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The comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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The proposed use, non-accessory parking is prohibited.

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The accessory parking use is pre-existing, the drive-on variance is minimal, and Commission staff don't feel the shift to non-accessory parking will have a detrimental impact at this location.

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The City Planning Commission recommends the Board grant both the use and dimensional variances.

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Thank you very much.

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We're going to hold the vote on this, Counsel?

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Yes, sir.

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We're going to hold the vote on this for a letter from the RCO.

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the appropriate completion of all the deeds and also we're waiting on the

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tax compliance for both for the property okay um and hillary we can close on this other than

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what we hear from the from the uh the zoning board right i mean yes we hear from the community

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Right. So I would just add for additional input from the RCO, the council office may wish to to weigh in once the RCO weighs in again.

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And then the additional documentation that you mentioned to complete the file.

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And otherwise, the record is closed. Thank you.

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Thank you, Mr. Griffin. We're going to we're going to call the other one.

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I think we have a lot of issues with it. I'll let you give us a general issue.

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issue wealth that we're going to do the same thing so mi mi 2023 002 572 2029 to 39 north

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second street mr griffin would you uh just give us a uh a general overview of what you're going

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to do here shows the photos of that lot and then we're going to move on okay very well uh commissioner

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Can you see my screen shared?

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Yes.

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Okay.

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So now we're focusing on the 2029-59.

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In this matter, we're seeking not as much a variance as a special exception for four food trucks, a commissary kitchen within an existing one-story building.

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And essentially, that's what we're looking to accomplish.

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Let me just show us the photos, Mr.

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Yes, let me fast forward a little bit to you.

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And again, this is a companion with the matter we had just heard.

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And.

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some deeds are longer than others.

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All right.

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So this is directly across the street from what we just saw.

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So if you were coming down the street, if you made a right,

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you would go into that parking lot.

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If you made a left, you'd go into this.

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This right here is an office building that currently is sort of nerve central

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for the paratransit business that is directly across the street where the trucks are.

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So this is the business, and then across the street is where the trucks.

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This area would be asked to allow for four food trucks.

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Those food trucks would not be owned by the owner, but they have to be approved by him

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But they have to be approved by him so that he can get the property proper variety of food trucks that he would seek in this building, which he is eventually going to move his complex to another area of the city would be a food prep area so that the food trucks, when they come in, what might be allowed to prepare the food here.

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so that he can get the property.

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heat it up, take stuff out of refrigerators, that kind of thing, and allow for the flow.

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There would very likely be in this area just some outdoor seating, allow for people to

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sort of kind of have some fun mingling, for lack of a better way of putting it,

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allow for a temporary free parking time so they don't have to pay money to come into this area.

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allow them to come in do what they have to do and then after a certain of time they've got to either

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pay for it i think you've already explained you explained that to us we understand it uh this is

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the front of that the current name of the business is reliable transit so back in this area if you

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could see my cursor that we had previously seen that's where the uh food commissary kitchen would

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be. Uh, this is evidence of the posting that occurred, uh, I think it was about 24, 25 days

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ago. Uh, also again, notice of that posting. So, so essentially what we're looking to do in this

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case is create, um, a special exception to allow that, uh, for the food trucks and essentially

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the commissary kitchen uh we're not looking to do uh anything else uh other than create some

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additional parking there which would allow for an additional parking space of five spaces but

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hopefully if this kind of business takes off and we feed off of the area that's why we're

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absolutely going to need the property across the street to go hand in hand all right well so one

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Why don't you do this? Why don't you have your client come on again? He's already been sworn.

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Adopt your testimony. Then we're going to do the same thing with this case as we do with the dealer.

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So bring your client on. Yes. Hector, can you hear me?

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Hector Vicente is allowed to speak. Okay. Hector, can you hear me? Yes, I can hear you.

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Okay, Hector, just state your name for the record. You've already been sworn.

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Hector L. Vicente, last name spelled V-I-C-E-N-T-Y.

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Thank you. Mr. Griffin, proceed.

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Hector, did you just hear my presentation on 2029-39 North 2nd Street?

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Yes, sir.

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And you are, in fact, the owner, correct?

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Yes, sir.

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And what was my presentation to the board? Not only honest, but indeed accurate. Yes, sir. If you were to assume, or if we were to assume that you had testified in exact accordance with the way I presented the matter, would that be accurate? Yes, sir.

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Do you adopt my testimony in its entirety as if it was your own under oath? Yes, sir. Thank you, sir.

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questions from the board no mr chair no question chair questions or comments from our attorney

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um just briefly mr chair mr griffin is there a new fence proposed for this case as well

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um so i didn't see it listed on the refusal and i was a little unclear from the plans if there

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was a new fence or not hillary if i uh if i may just uh hector can you still hear me

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yes i can okay hector did you hear miss emerson's question about the fencing here

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yes uh and i don't honestly know so please tell us is there a proposal on doing anything with

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this fencing or or do you deem it to be sufficient no no all the fencing will be replaced okay just

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briefly if you could tell us what you plan on this right here well i think we're going to be putting

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a six six foot fence i say i think because um i think that the max height what the city wants to

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see now is is five it's five or six whatever is the max height we can that the streets department

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let us do that's what we'll be doing but it'll be again um the same style across the street will be

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galvanized one by one

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um metal piping not that fence um piping that we see there it will be a lot of um probably

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metal piping

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not that fence piping

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that we see there

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appealing to the eye and and if the board approves this as i asked you earlier you're

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ready to move forward am i correct yes we're ready to move forward but we thank you sir

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tonight can i just ask one clarifying question um mr vicente was the new fencing included

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on specifically included on the plan and in your application for this case yes it was okay all right

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do you know how many feet were put into the put in the plan six feet six feet okay and it would

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it would be less than 50 percent opaque presumably if it was like an iron wrought iron fencing yes

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okay all right so then it i just want to note that it does appear that a refusal was then missed for

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the height of the fence because i believe it can only be four feet at the front of the property

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um so i just i wanted to note that and that if the board does you know grant this we would also be

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granting a variance for the fence height we we would thank you whatever the the prescription

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is we would follow okay thank you thank you questions or comments part of my presentation

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all right questions or comments from the virtual audience

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there are no hands here planning commission

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good morning uh jonathan goins planning commission staff the comprehensive plan

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recommends no change to the commercial mixed-use zoning at this location the proposed takeout

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restaurant use shouldn't have a detrimental impact beyond what would reasonably be expected

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from this use at this location the city planning commission recommends the board grant the special

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exception. Thank you. So this case will also be held similar to the other case. We're waiting on

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the RCO tax compliance. And other than that, the record will be closed. Am I correct, Hillary?

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Yes, it's proof of tax compliance, updated RCO letter, and if the council office would like to

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submit a letter as well. All right. Thank you, counsel. Sir, may I be excused? You can. Hillary,

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thank you for your courtesy you're welcome i'm going to go back to number five mi2023 000 631

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2326 north park avenue devin ukta will be promoted to you okay

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good morning good morning sir i think i did i swear you in earlier

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yes yes you did okay i did all right and thank you so could you identify your client

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relationship to the property yes my client is self inc um they are on the call it's a non-profit

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it and our vice chair our our vice chair has a few questions for you sir good morning counsel do

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you agree to waive the reading of the refusal or stipulate to his accuracy yes have you emailed in

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all the required documents and exhibits that is needed and required to proceed with this case

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five days in advance of this hearing yes thank you counsel please proceed and share your screen

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are you able to see my screen we are sir um so this is um council for south inc the property

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is 2326 North Park Avenue.

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So what we have here is the D for South Inc.

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They were deeded to the property in 2013.

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This is the area surrounding South Inc.

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And where it's located at in North Philadelphia

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on the east side of Broad Street

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between York and Dauphin.

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This is a letter of referral.

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The property will be used for a group housing.

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Please note on that letter of referral,

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there is a variance that were given in 1995 and also in 1994.

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There's a picture of the property inside the property.

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You

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The back of the property was dumpsters.

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This is a prior variant for the property from 1995.

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And notice that the appeal notes that it was for a group housing.

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The meeting was held for the community on May 18th, 2023 by my partner, I took over the

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case for.

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and here is a letter of support from the community upon the meeting

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I don't have any meeting and here is a picture of the posting

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um that concludes my presentation um that council council that vote was 22 to zero

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in favor yes okay thank you why don't you bring your client on um let's see if she's in there

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dr dash or representative from self are you on the call

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did you say dr dash yes okay

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Yes, she's in the audience. I will allow her to speak.

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

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Good morning. My name is Sharlana Dash, S-H-I-R-L-A-N-A. My last name is Dash, D-A-S-H.

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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, I do.

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Please proceed, counsel.

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Dr. Dash, did you hear my testimony?

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Yes, I did.

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Do you affirm that it was accurate and representative of what had occurred?

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Yes, sir, I did.

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And do you adopt my testimony?

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Yes, I do.

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Thank you, Dr. Dash.

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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 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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I see no hands, Chair.

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Planning Commission?

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Jonathan Goins, City Planning Commission staff.

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The comprehensive plan recommends no change to the residential multifamily zoning at this location.

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The proposed use of personal care home requires a special exception.

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This use shouldn't cause detrimental impacts beyond what would normally be expected from this use in this location.

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Therefore, City Planning Commission recommends the board grant the special exception for a personal care home.

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Thank you.

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So MI 2023-000631-2326 North Park 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 Shahid, my vote is yes.

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Thank you, counsel.

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Thank you.

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Okay, so number 10, MI 2023-002-587-525 West Roosevelt Boulevard.

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Douglas Stern is the attorney.

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There's a recommendation of support from the Logan Civic Association.

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Douglas Stern has been promoted.

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Good morning, sir.

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