civus
Hearing video

ZBA Hearing - September 21, 2021

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

And there's a two-family dwelling at 5,000 Walnut Street.

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I have attached a set of plans for a review. Here we have what we would call

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the site plan. You can see that this property is a little different from the other properties on

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the block. It actually sits alone by itself. It's not attached on either side here. There

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is a breezeway here on both sides of the property. It's not an attached dwelling.

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This is the current condition of the property. It's actually a six-family house. The utilities are in the basement. The living and dining area is on the first floor. The second floor has two bedrooms and the third floor has four bedrooms, a six-family dwelling.

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What are we proposing is to put three apartments in the structure.

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We agreed to no basement use.

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The community did not want any apartment or any living space in the basement.

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So we took it out.

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Can you hear me?

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Commissioner?

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Your computer keeps freezing.

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Am I back?

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The back now, yes.

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So I'll try to do it very quickly.

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Here we have a two-bedroom apartment.

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You see you can enter from the front.

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You can get to each floor from the stairs.

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Each has a two-bedroom apartment.

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They're pretty spacious apartments.

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They're approximately 750 square feet plus.

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I don't know what happened to my previous room.

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Here is the actual property. It's a large dwelling. It has the entry in the front and I have a picture

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of the posting there. I took a wider view of the property to show that this is a standalone property

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and most of the other properties on the block are attached properties.

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it's just another view of the property

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you can see both of the breezeways where the trash will be stored until trash day

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this is just an insignificant close-up of the property i'm going to

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And this is how the block looks in general. That's a look going west down Walnut Street.

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The houses are very similar, but most houses are attached on this block. There are various

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corner apartment buildings. This is at the actual corner of 49th Street. I show these

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pictures to show you that we're not really changing the character of the neighborhood,

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that most of these large houses have been converted into multifamilies, and there are

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several apartment buildings in the area. We did meet with the community, and I took a picture of

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some of the multifamilies in the area. You can see there's a four-family dwelling there.

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I believe I have a copy of a six-family dwelling. That's a picture of the community looking west

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down walnut street and on the corner here is a legal six-family dwelling i i gave you the

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zoning documentation and the property history we uh did meet with the uh there's another

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apartment building we did meet with the community two times i fired the neighborhood uh

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we lost you again today we had a second meeting where we agreed units and uh we were able to get

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the support of the community association walnut hill community association they did send in

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a letter of support and commissioners that's pretty much all i have and i'm open to any

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questions that you may have. Do you have your client available to adopt your testimony? Yes,

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I do. Mr. Moussi, can you state your name and address for the record, please?

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Hi, my name is Abel Moussi. Please spell your full name. My name is Abel Moussi A like Apple B like boy.

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My name is Abel Musi. I like Apple, B like Boy, I like International, I like Elephant, I like Lamp. Musi, M like Mary, U like Umbrella, S like Sam, S like Sam, I like International, I like Elephant.

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You swear from the tell truth, the whole truth, nothing but the truth?

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Yes.

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Thank you. Mr. Street?

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Mr. Musi, are you part owner of 4918 Walnut Street?

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Yes.

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And have you heard my testimony today?

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Yes.

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And would you adopt it as true and accurate?

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Yes.

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Thank you very much.

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That's all I have, Commissioner.

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Any questions from the board?

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No, Mr. Chairman.

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Anyone else would like to testify in this case?

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Please raise your hand.

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No, no hands, Chair.

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Thank you.

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Planning Commission?

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City Planning, Ron Bednar.

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City comprehensive plan recommends no change in the existing single family residence.

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zoning at this location however walnut street is wide with excellent transit access and can

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accommodate increased density some of the buildings on the block have been converted to multi-family

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based on the original application revisions we recommend the board grant the requested

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variance has provided three dwelling units only thank you mi 2021-000787 4918 walnut street my

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vote is yes with the proviso maximum three units. Professor Plaza yes with proviso. James Snell

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yes with proviso. Thomas Holliman yes with proviso. Thank you. Number 14 on our list

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MI 2021-002639. 6501-95 East Roosevelt Boulevard. Brett Feldman is the attorney of record.

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There is a letter of support from the community on the rise, RCO.

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Mr. Feldman, if you're in attendance, can you please raise your hand?

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Hi, Chair.

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It appears as though we have a hand up of Melanie Lacey.

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may I allow her to speak to determine if she's the attorney being

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handling this case yes please thank you Ms. Lacey unmute yourself

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it appears I'm unmuted can you hear me yes are you the attorney for this case

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I am I will be presenting okay thank you chair if you give us one moment we will

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promote her to a panelist thank you when you're ready

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when they're ready Ms. Lacey please spell your full name I swear to you

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and Ms. Lacey you just have to unmute yourself

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sorry about that can you hear me now yes please call your full name

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sure Melanie Lacey that's M-E-L-A-N-I-E last name L-A-C-E-Y on behalf of the applicant I'm with

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Claire Harrison Harvey Brandsburg, 1835 Market Street, Suite 1400, Philadelphia, 19103.

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Do you swear if I'm to tell the truth, the whole truth, nothing but the truth?

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I do.

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Thank you again.

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Please proceed.

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Okay.

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So this is the application of Pediatric Dental Associates, which applied for a variance relief

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to open a dentist's office in the strip mall called Roosevelt Plaza, located at 65.

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Hold on, man.

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I apologize.

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Professor, before you speak, Ms. Lacey, your camera is not on? Are you aware?

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Yeah, I have it on, but I don't see myself either.

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Okay. Do you have something over your actual camera?

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No, I do not. I saw myself when it loaded.

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Do you have a button maybe that you have to move so your camera comes on?

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Let's see what's going on.

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We typically like to have all those attorneys presenting to be visible on the screen.

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Sure, of course.

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But if it doesn't work for you, you're quite welcome to proceed after Mr. Confessor Plaza reads the questions.

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Yes. Ma'am, you agree to waive the reading of its refusal and stipulate to its accuracy?

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I do.

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And have you emailed an exhibit packet with the required documents, proof of ownership, proof of tax compliance, copy of the refusal or referral photos and plans five days prior to this hearing?

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I did.

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And have you met with the RCO and have a letter?

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We did, and we have the letter.

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Thank you.

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Please proceed.

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Yeah.

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For some reason, it appears as though my camera isn't working at the moment.

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I apologize.

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No worries.

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We'll allow it this time.

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Okay, thank you very much. All right, so this is the application of Pediatric Dental Associates,

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Okay.

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Thank you very much.

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All right.

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So this is the application of Pediatric Dental Association.

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which applied for variance relief to open a dentist office in a strip mall called

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Roosevelt Plaza, located at 6501-95 Roosevelt Boulevard. The property is zoned CA-2,

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but we're here because it falls within the Northeast Overlay District, which requires

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DBA approval for medical, dental, and health practitioner uses. So the applicant is a tenant

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of the subject property as evidenced by the executed lease in the exhibit package that I

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forwarded last week. And Pediatric Dental Associates actually already has a presence

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in this neighborhood. Its previous offices were located diagonally across the street at 6404

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Roosevelt Boulevard in the basement of a freestanding medical office building.

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Let me see if I'm able to share my screen with you. I know the camera.

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okay please let me know if you see my screen yes we do okay wonderful

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okay so here is a map uh that shows the proximity of the two locations and this is a picture of

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the former building and a picture of uh the new location which was previously occupied by

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in a page, which you can see right here, if you can see my cursor.

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So they're relocating, as I said, to Roosevelt Plaza to build a state-of-the-art facility

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that will serve as their flagship office, increase their services, include orthodontics,

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increase their patient capacity, and serve a larger population. So as for the application

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history, they received a refusal on June 4, 2021, which I will show. They submitted an appeal on

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June 14 and presented at the Coordinating RCO's meeting, which is Community on the Rise, on July 14.

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And Community on the Rise submitted their letter of support to the ZBA on July 22, which you can see here.

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To our knowledge, the application remains uncontested.

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So other items in the hearing package include the Tax Clearance Certificate,

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which was issued on September 14th. And the zoning archives in connection with the last tenant

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show that it was actually a health practitioner use as well. It was adult daycare center,

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and that permit was issued in 2015. So as for the relief being sought today, granting the use

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variance will not result in any adverse impacts on the community. The proposed use is consistent

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with the surrounding tenants in the strip mall, as well as other commercial buildings along

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Roosevelt Boulevard. The dentist's office will occupy an existing commercial space, so there

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won't be any increase in congestion in the public streets. It won't burden public facilities, cause

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any damage, pollution, or danger. And lastly, the applicant's specialization in pediatric dental

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services serves a much-needed demand, particularly for lower-income patients in this district.

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Let me actually show you some pictures of or renderings rather of how it will look after

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construction or signage at least in the interior. Okay, so that more or less sums up the application.

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I'm accompanied by the applicant's representative, executive vice president and CIO

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So, Jim DeFruccio, who will swear in.

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Thank you.

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Sir, would you please spell your full name?

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And Mr. Jim, is it available?

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Yes, good afternoon.

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How are you?

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Good afternoon.

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Please spell your full name and I'll swear your name.

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My name is James DeFruccio, J-A-M-E-S.

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d as in david e f as in frank r u s c i o as an oscar you swear affirm to tell the truth the

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whole truth nothing but the truth i do thank you um hey jim did you hear my testimony to the board

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i did do you affirm that it is true and accurate to the best of your knowledge

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i do and do you adopt the testimony as your own yes i do great um if you feel there's anything

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necessary to add feel free to do so now i'm good with what you presented thank you wonderful thank

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you thank you miss uh miss lacy any questions from the board no mr chairman no anyone else

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would like to testify in this case if so please raise your hand no hands chair thank you planning

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commission so ron deadnard city planning this property is uh city comprehensive plan recommends

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This property is a city comprehensive plan recommends no changes to the existing zoning at this location, commercial zoning at this location.

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Opposed dental medical offices is consistent with the existing neighborhood shopping center uses.

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We recommended the board grant the requested use variance.

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Thank you.

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MI 2021-002639.

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6501-95 East Roosevelt Boulevard, my vote is yes.

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James Snell, my vote is yes.

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Thomas Holloman, my vote is yes.

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Seems we may have temporarily lost confessor.

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My understanding that there was a case that should have been added on earlier for today's list.

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And that case is MI 2021-000467, 3613 North 16th Street, is represented by, the applicant's represented by Rachel Pritzker.

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before we begin is there anyone beside miss pritzker who wishes to be heard in this case

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if so raise your hand i just want to get a show of hands

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no hands chair hands are up um is miss pritzker available yes and she's coming in now as a

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parents that's good identify yourself you're sure this is Sharon you're breaking up I'm sorry chair

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just to confirm this is I'm sorry chair this is a resumption hearing it was last heard on

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August 3rd and it was to be resumed today because another ZBA or rather RCO meeting was going to be

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held and it was held for feedback from the community that's accurate thank you you're

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breaking up again but uh this is a resumption hearing waiting for feedback from uh the rco

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is that accurate miss pritzker yes okay just identify yourself you're already you're already

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under oath from earlier today rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r 1635 market street suite

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1600 philadelphia pa 19103 please explain about the rco letter yep i'm just going to share my

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screen uh we met with the rco it was the 13th um democratic ward rco and they submitted a letter

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of support essentially as you can see during the thursday september 9 virtual hearing

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we met with the community and reduced the project from six units to three units

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um and uh they have now um submitted you know support and approval for the project

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