civus
Hearing video

ZBA Hearing - September 21, 2021

Philadelphia Zoning Board of Adjustment (ZBA)Sep 21, 20214h 46m

okay please ma'am spell your full name i'll swear you in and if you could

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Limit your testimony to something new and different that would be helpful.

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Ma'am, please unmute yourself.

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Ms. Cardwell, you can unmute yourself.

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Ms. Cardwell, please spell your full name.

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diana cardwell d-e-a-n-n-a c-a-r-d-w-e-l-l you swear from the total truth the whole truth

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nothing but the truth i do please proceed uh basically i wanted to you know i've sat here

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since 9 30 and i did have a statement to read um it is about uh traffic and i just wanted to let you

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know how extensive this problem is that the houses that are, you know, I agree with everything

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that everybody else has said. It is such a problem that our driveways from 20th Street

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down to 18th Street are used as a city street. Cars that are stuck in traffic on the main

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thoroughfares, they're stuck. So what do they do? They come through our driveway and, you know,

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it's very dangerous. I want to say that the Belleville area neighbors are opposed to this

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project. We're not against development. We're just against development that does not add a good

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benefit to the community. This project adds hardship to our community. It's not necessary.

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it's an obtuse triangle that needs to be left alone. You have, we've talked about the local

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traffic, but we also have 18 wheelers and people coming from the suburbs using Route 309 getting

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to I-76 and I-95. It is a traffic nightmare. And I just want you to, it's not just something that,

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you know we just decided to just come up with it is horrible we do need to try to study and

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you know i just agree with everything that everybody else has said thank you very much

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you know i disagree with everything that everybody else has said thank you very much

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okay we can continue on please uh planning commission

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it's uh ron bednar city planning that's his first name r-o-n last name bednar b-e-d-n-a-r

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you swear for him to tell the truth the whole truth nothing but the truth i do thank you ron

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please proceed. City comprehensive plan recommends no changes in the existing residential zoning at

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this location. Proposed uses are greater than the minimum necessary variance to provide zoning code

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relief. Recommended requested the requested variance is not granted. I just have one other

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question. Do we have anyone from the councilwoman's office? I believe this is councilwoman Bass's

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district? Again, Chairman, Mr. Richardson is heavily involved until Ms. Oneida Grady.

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I heard that. I heard your testimony earlier. No all due respect. I just wanted to make sure.

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I'm chair. I'm sorry. This is Tanya. I see a person with their name, a hand raised named Oscar.

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Oscar, if you could unmute and answer if you're from the councilwoman's office or not.

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I am not.

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I was just a community member that wanted to.

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Thank you, Chair.

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No one from the council's office.

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You can continue.

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Okay.

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Where am I?

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MI 2020-001171, 541 East Worcester Street.

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My vote is no.

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confessor plaza my vote is no james snell my vote is no thomas holliman my vote is no

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thank you uh when i go back to our regular list again uh case number

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9 on our list, MI 2021-002, 318-3693-95 Morrell Avenue. Mr. Anastasio is the Attorney of Record,

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West Toursdale slash Morrell Park RCO support, and Councilman Brian O'Neill sent a letter of

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non-opposition. Chair, hi, this is Tanya. I am very, very sorry. I have just received

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correspondence from an attorney who has a conflict and would like to come next

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because he has to be in LERP for a hearing momentarily. Mr. Sean Ward, would you allow

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that, Chair? Which case is that? I don't see his name on the sheet here.

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Mr. Ward, could you unmute yourself and just speak to what case at this moment that you're

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here about?

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Mr. Ward, unmute yourself.

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There you go.

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Mr. Chair, this is the last case, Jackson Street, 6816.

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I am new counsel, new counsel for the applicant, replacing Cheryl.

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Mr. Anastasia.

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Do you have a problem with that?

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If we just hear Mr. Ward's case and then come back to you.

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As long as he's quick.

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I'm always quick.

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He is quick.

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Okay.

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So let me read that case into the record.

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MI 2021-0008667816.

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Jackson Street. Mr. Ward, please identify yourself and I'll swear you in.

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Good afternoon, Mr. Chairman. Members of the board, Sean Ward, on behalf of the tenant applicant,

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that's S-H-A-W-N-W-A-R-D-331, East Street Road, Trivos, PA, 19053.

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Mr. Ward, do you agree to waive the reading of his refusal and stipulate to attack him?

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I confess there was two refusals, the original refusal and an amended refusal, but I would

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stipulate to both of them and waive their reading.

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Thank you. Have you submitted a package with the required documents, proof of ownership,

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prove a tax-compliant copy of the refusal order for floaters and plans five days prior to this

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hearing? Yes, I have. And have you met with the RCO and have a letter? Yes, I do. Thank you.

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Please proceed. Okay, very quickly, Mr. Chairman, I've submitted my typical exhibit packet.

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Okay, very quickly, Mr. Chairman, I've submitted my typical exhibit packet.

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I believe everybody can see my screen at this point.

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I represent David Givindad-Nadzi, G-V-I-N-I-A-N-I-D-Z-E.

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He is the principal of the tenant company that is leasing the property.

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Present with me today, I have Eunice Roziev, who is the representative of the company for

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today's hearing purposes. It is 6816-24 Jackson Street is the subject property. As you can see,

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the original notice of refusal was for a child daycare group. This application was

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followed by Cheryl Pritzker Esquire on behalf of the property owner. The tenant engaged my

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services for hearing purposes. However, we had to amend the notice of refusal for an adult daycare

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center. So the original refusal is attached at A1, the amended refusal at A1.1. The refusals did not

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change, but the specific use did. So A2 is the ZBA application, A3 project information form, A4 proof

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of ownership a5 proof of tax clearance i would point out that 20 and 21 uh involve brt appeals

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and there's only a minor amount due uh but the appeal is still pending a6 or site and floor

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plans a7 or photographs a8 is my rco meeting notice and certificate of mailing a9 is the rco

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letter of support from taconi civic a10 if councilman heenan submitted anything i would

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asked that that be marked as 810. I don't believe he did, though. A11, as far as zoning history,

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in 2010, three lots were consolidated. 6812 was a parsonage, 6816 is the church proper,

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and 6822 was the church hall and education center. Beyond that, from pre-1935 through 2019,

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This property was used as a church, parsonage, and education center for the St. Petrie Lutheran Church.

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A12 is the zoning map. A13 is the aerial photograph.

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This application represents the adaptive reuse of the church hall and education center from its previous use to that of an adult daycare center.

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So moving quickly, we have the original refusal, which was dated January, for a group daycare.

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The amended refusal July 27 for adult daycare. And then we have, obviously, Cheryl's application of appeals. Our project information form. I entered my appearance in this matter at the last listing on June 23rd. Here's a copy of the deed.

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i'm sorry mr ward yes ma'am this is tanya sunk at the administrator my apart my interruption

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but um the attorney previously handling the case has just requested a clarification

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that it's rachel krisker for the record not sure oh i'm sorry sorry rachel that that was my fault

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I stand corrected. So again, here's the proof of tax compliance. Again, there's a $355 balance for

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2020, but those two years are under BRT appeal. So I submit that they are substantially tax

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compliant. Here is the floor plan as prepared by my client's design professional. As you can see

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on the site plan, there are three structures on the site. The church is located in between

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the two other structures. To the left was the parsonage, and to the right, this T-shaped

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building was the church hall and education center, and that is the area and the building

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that we propose, the adult daycare center. With regard to the floor plans for the adult daycare,

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From the front of the building, you have a vestibule entrance, a library to the right,

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a proposed nurse's office to the left with a handicap bathroom and shower to aid and assist

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the adult clients in the event they need to clean themselves up for obvious reasons.

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To the right, we would have a game room. Beyond that, arts and crafts. Beyond that,

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recreational room and a computer and movie room at the far back would be the office reception area

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across from that are the men's and ladies rooms and then this larger room on the left side of

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the building would be the dining hall they do have the assembly hall at the rear of the building

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there is a performing arts stage existing in the assembly hall along with a commercial kitchen

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where the lunches and other foods would be prepared for the adult clients who would be fed and served at the site.

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where the lunches and other foods would be prepared for the

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The main entry would be at the rear of the property.

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The clients would be delivered by paratransit van, which would pull in off the street, unload in the driveway area,

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and then they would enter the building through the side rear entrance where they would register with office and reception.

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and then be taking in um moving down uh this is just an overhead aerial photograph you can see

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the church is uh in the center with the red dot on it the t-shaped building represents the uh

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adult daycare center and again the parsonage which is currently used as a single family residence

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uh to the far upper right corner of the block is three children's place

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preschool located right behind us is the distant elementary school

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distant playground to the north, and Jackson Street, North Street, Gillespie Street, and Longshore Avenue.

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Again, just some photographs, the existing parsonage building, the existing church,

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and this is the subject building that would be used for the adult daycare.

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Again, just another aerial photo showing the layout of the three buildings.

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This is Jackson Street facing south. You can see the building on the right is the assembly hall.

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Jackson Street facing north. Again, the building to the left this time is the assembly hall.

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The existing performing arts stage in the building, the kitchen.

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And these are just some of the rooms. Obviously, no work has commenced since we are still waiting

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for our zoning approvals before we can obtain uh the fit out permits to do the work inside

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it's pretty much left as is when the uh when they purchased the property

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again just some of the other rooms the library

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this would be the dining hall room that was referenced earlier typical shots of the bathroom

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copy of our notice to the rco and neighbors regarding the meeting copy of the refusal

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was sent to them as well to the addresses provided by the planning commission and a certificate of

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mailing showing that 78 identical pieces were sent out in the mail to those addresses

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the letter from taconi civic as you can see the vote was seven to nothing in support of the

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application the zoning history again this is the permit for the lot consolidation back in 2010

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And then I have all the associated plan with that application. And then, of course,

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the description and then the zoning permits dating back to 1935 for the use as St. Petrie's

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Lutheran Church. Also in the packet, obviously, is the zoning map and another aerial photograph.

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just to summarize the adult daycare again it's an adaptive reuse uh there's four buildings on

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the site the church the church hall the parsonage and a small accessory garage it would be adult

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daycare only no overnight stays no child daycare we anticipate eight to ten employees hours of

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operation generally monday to friday eight to five saturday and sunday to be determined

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client transportation is provided by uh paratransit vans to and from the location

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and we have five off street spaces for that drop off and pick up so they're not

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getting out of the car in the street but definitely i would say that there's ample

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parking on jackson street and gillespie street um for the employees so that that being the sum

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and substance of our presentation uh unless the board has any questions i can have mr

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uh unis sworn in and he can adopt and verify hold on a minute just give me a second i'll be right

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back, please. Okay.

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Thank you.

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Thank you.

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Thank you.

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that uh do you have your client mr uh ward he said right next to me mr chair please have him

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identify himself and i'll swear him in you know please state your name and spell your full name

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for the record yunos rosia y-u-n-u-s r-o-z-y-y-e-v you swear for him to tell the truth the whole

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truth nothing but the truth i swear thank you all right yunas you've heard my representations to the

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board yes are they true and correct to the best of your knowledge information and belief yes and

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you adopt them as your own testimony yes thank you any questions from the board no mr chairman

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no anyone else would like i'm sorry anyone else would like to testify in this case please raise

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your hand no hands thank you uh planning commission ron bednar city planning city comprehensive plan

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recommends no change to the existing residential zoning at this location proposed use is a common

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accessory use associated with church facilities. Therefore, we recommend that the board grant the

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variances for the daycare and the multiple uses on the line. Thank you. Mr. Ward, I think I have

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a note that says there's a proviso as per the amended refusal. They did indicate that there

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There was provisos, but they never submitted them.

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It dealt with the hours of operation, but that's-

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Excuse me, this is Sharon.

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Let me explain.

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Mr. Ward, when there's an amended refusal,

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we simply add a proviso referencing that refusal

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and the date it was issued.

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Okay, thank you.

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MI 2021-000866.

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My vote is yes with proviso as amended, as per amended refusal dated 7-27-2021.

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I'm sorry.

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Before we continue, Chair, I would ask that you state the address because it was misstated.

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Thank you.

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I just did.

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I'm sorry.

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And MI 2021-000866, 7816 Jackson Street.

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My vote is yes with the proviso as per amended refusal dated July 27th, 2021.

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Professor Plaza, my vote is yes.

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James Snell, my vote is yes with proviso.

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With proviso.

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Thomas Holloman, my vote is yes with proviso.

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Thank you.

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Mr. Chairman, members of the board, thank you very much.

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And thank you to Tanya and Vern.

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Thank you. You're welcome, Sean. All right.

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We're back to case number nine, MI 2021-002-318-3693-95 Morrell Avenue.

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As I stated earlier, there's a letter of support from West Toursdale and Morrell Park and a letter of non-opposition from Councilman Brian O'Neill.

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Thank you for your patience, Mr. Anastasio. Please proceed.

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Thank you, Mr. Chairman. I'm still under oath. And if a confessor has some questions for me,

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