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Hearing video

ZBA Hearing - August 6, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Aug 6, 20255h 46m

by the close of business tomorrow call 267-270-5548 leave a message that includes your

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email address and the address of the property of the appealed case the following guidance is for

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remote attendees first when directed you must raise your virtual hand in order to be recognized

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second if you call to testify you'll be prompted to join as a panelist please accept the request

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and turn on your camera third the webinar q a is for questions about the hearing do not comment

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on cases in the q a fourth if you're participating by phone press star 90 raise your hand and star

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six to unmute for our in-person attendees please refrain from talking eating drinking during the

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hearings verbal and physical aggression will not be tolerated restrooms are across from the

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elevators water fountain is just outside the room to the right when speaking on the record you must

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speak directly into the microphone in order to be heard by all attendees and the court reporter

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in the event of emergency please follow the direction given over the public dress system

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by the staff and the main exit is through the double doors at the rear the nearest stairwell

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is to the left outside the doors in case of an evacuation the rally point is the left park

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directly across archery please remain there so we can account for you so let's look at

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What's our schedule for this afternoon?

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Number two, MI 2024-003-271, 1201-03 Adams Avenue.

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um the attorney in this is david chandler and helen bach i understand they want to

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request a continuance

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would they please come on david chandler has been allowed to speak

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unmute yes hi mr chandler how are you sir could you please state your name and spell for this

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stenographer. Great. Yeah. My name is David Chandler, C-H-A-N-D-L-E-R. Do you swear or

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affirm to tell the truth, the whole truth, nothing but the truth? Yes. Yes, I do.

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Yes, yes, I did.

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Can you give me an update on 1201-203 Adams Avenue?

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Can you give me an update on 1201 to 03 Adams Avenue?

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Well, the reason we're asking for the continuance is that the last community meeting held was last August, a year ago.

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And at that time, the community group rejected the proposal.

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Now, my clients have upgraded their plans, and we believe we can go back to the community group and get an approval this time.

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so that is what uh that's the reason for our continuance request so so counsel this um i'm

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going to give you a date but it has to be heard that day yes this is the fifth listing so this

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will be continued until 1 14 26 at 2 p.m thank you okay thank you sir sure

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number three mi2024-006-123-1329 princeton avenue this case is being continued until 114 26 at 2 p.m

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and number

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number nine mi2025001837 this case has been continued until 114 26 and also there this

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is a withdrawal the appearance of the attorney joseph consul are there any other requests for

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continuance i see no he's at this time chair thank you so i'm going to go to our add-on list

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Number one, MI-2025-001-579-1989 North 63rd Street.

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I vote yes with proviso.

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Temporary special exception for religious assembly, use expiring 8728.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with Proviso.

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Iowyn, my vote is yes with Proviso.

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Number two, MI 2025-001-745-3810, The Oak Road.

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I vote yes with Proviso.

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Revised plans, one page, stamp by ZBA, August 5th, 2025.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Iowa, my vote is yes with proviso.

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Number three, MI 2025-001089, 1729 North Lambert Street.

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I vote yes with proviso.

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No household living in the basement.

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Oh, Cheryl Gaston, my vote is yes, with proviso.

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Tanetta Graham, my vote is yes, with proviso.

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Ryan McAdams, I'm sorry, Ryan McAdams, my vote is yes, with proviso.

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I own my vote is yes, with proviso.

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Sorry, Ryan.

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That's my fault.

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Number four, MI 2025, 001-463-1727, North Lambert Street.

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I vote yes

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with Proviso.

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No household living in the basement.

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Cheryl Gaston, my vote is yes

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with Proviso.

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Tannetta Graham, my vote is yes with Proviso.

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Ryan McAdams, my vote is yes with Proviso.

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Iowan, my vote is yes with Proviso.

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For the record, I recuse

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from those two votes.

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Okay.

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We're going to go to our regular list now.

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We're going to start with number six.

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MI-2025-001-761-334-76 East Price Street.

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Rachel Pritzker is the attorney.

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Rachel Pritzker will be joining us as a panelist.

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Thank you.

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Good afternoon.

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Counsel, could you please state your name and spell for the stenographer?

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Sure. Rachel, R-A-C-H-A-E-L, Pritzker, P-R-I-T-Z-K-E-R.

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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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Could you identify your client and relationship to this property?

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Yes. So my client is the tenant of this property. Mitchell Causey is on here on behalf of

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rashaun ford and we also have the owner here of the property as well if need be and

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And we also have the owner here of the property as well, if need be, and the owner.

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Our board member, Tenetta Graham, has a few questions for you.

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Good afternoon. Have you submitted your documents five days in advance of this hearing?

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Yes.

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And do you waive the reading letter of refusal and stipulate to its accuracy?

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Yes.

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All right. Thank you. You may share your screen and proceed.

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Thank you.

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okay so again this is 334-76 east price street

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and our architect today is rustin oler from harman deutsch architects as well

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this is the refusal the property is zoned icmx and i think there's a note related to the refusal

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It included an item for parking, as I guess the initial refusal did, required for parking, as the ICMX zoning district requires accessory parking, one for every 800 square feet.

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However, there's no building, as you'll see on the lot, so there's no floor area.

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And so this was removed.

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So just if you see it on the earlier submission, that one was removed.

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The site is ICMX and this is a proposal for use of a junk and salvage yards and the existing site.

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It's zone ICMX and junk and salvage yards are not permitted in ICMX.

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It's worth noting that there was a violation on the property that was not due to the tenant, but that has been worked through as well.

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And this is just for the zoning use.

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So the property is 35,274 square feet, and it has been an impound lot previously and has had car and auto related uses since at least the early 60s or late 60s.

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It was a vacant parking lot at that time and then was granted a variance for an impound lot.

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it also had a zoning permit issued in march of 2022 for wholesale distribution and storage

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equipment number two storage yards and buildings and so getting a permit for the zoning use for

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junk and salvage hours is in character with what's already been on the lot previously and what was

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most recently issued a few years ago the only variance we're looking for is use which is not

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permitted ICMX again this is almost a 40,000 square foot lot so not really and you'll see

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it's a bit oddly shaped so just adding this similar use to what's already there this is

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the tax records this is the lease agreement as mentioned would I represent the tenant of the space

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this is a zoning map of the property as you can see it's a large very large industrial

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site at the corner here, kind of oddly shaped and across from other ICMX zoning as well

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and some commercial and residential mixed-use zoning.

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Another aerial view.

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As you can see, the property already functions with auto-oriented use on the site

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and is in sort of an odd location given the railroad tracks, the street behind it.

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It's got a little bit of vacancy behind it, but around mostly adjacent from industrial and industrial mixed-use properties.

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Zoning posters on the property.

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It's a little hard to see the property since it's so large from the street.

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It's all fenced in.

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It's all self-contained.

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Just to show the zoning posters.

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Additional exterior photos of the property.

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This is the prior zoning permit that I mentioned in March of 22 for wholesale distribution and storage.

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and equipment and material storage yards this is just wearing the code that we don't comply

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and icmx again junk and salvage yards require a variance we met with the community um

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back in june i'm sorry july 1st in person meeting

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with the coordinating rco which was the 59th democratic ward

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so the letters that we sent out

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We were given a letter from the community group supporting the project.

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we were given a letter from the community group

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They made note of adequate lighting to defer illegal activity and just to continue maintaining this site in the nice order that it is, removing debris and addressing any illegal dumping.

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this is just the presentation we gave for the RCO again it's sort of a it's a very large site so

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kind of harder to see closer up but this does a little bit nicer job showing it

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again

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and that's really it we have our architect on as well if we have any questions but we're not

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proposing any new structures on the lot so I don't know if there's any questions for him I'm

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happy to bring my client on and then can bring. Please bring your client on. Okay. Is there a

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Mitchell Causey in the audience? Mitchell, if you are in the virtual audience, please raise your

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virtual hand.

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Counsel, you're an officer of the court. We'll take her testimony.

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Questions from the court.

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Okay. So for right now, you're just storing these cars on the premises?

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You're not?

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Yes, I'm not.

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Can we swear him in? Mitchell is the day-to-day operator, so he could better answer those questions for you, Ms. Gaston.

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Mitchell, could you please state your name and spell for the stenographer?

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Yes, Mitchell Causey, M-I-T-C-H-E-L-L-C-A-U-S-E-Y.

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Right.

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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, I do.

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Please proceed, counsel.

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Mitchell, have you heard my testimony today?

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Do you believe it to be true and accurate, and do you adopt it as your own?

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Yes, ma'am.

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Can you just share your affiliation with the property,

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And then if you could answer the question related to just the storage of the cars on the property.

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Yes. I just deal with the day to day operations because the owners is not doing too well.

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But we basically just store cars for insurance companies that's involved in accidents.

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That's basically it.

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Got you. OK, I understand. Thank you.

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You're welcome, man.

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Any other questions for the board?

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Questions from our attorney, Hilary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from this audience or the virtual audience?

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Planning Commission.

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Thank you, Chairman, and good afternoon.

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David Fecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends a change in zoning at this location

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from ICMX Industrial and Commercial Mixed Use.

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to irmx industrial residential mixed use the city rezoned this neighborhood in 1980 and a

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council supported map change proposed junk and salvage yards and buildings are not allowed in

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either zoning district there is no unique physical condition or circumstance of this property that

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prevent it from being used in strict conformity with the zoning code despite the presence of a

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stealth storage warehouse this is still a primarily residential block face the city planning commission

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recommends that the board deny the proposed use variance for junk salvage yards in buildings thank

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you and oh oh okay that's his area mr richardson

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charles richardson has been promoted to panelists okay

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good afternoon mr chair mr richardson you've already been sworn um state your name and start

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your presentation please all righty charles richardson r-i-c-h-a-r-d-s-o-n office of

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Councilwoman Cindy Bassroom, 508 City Hall.

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Councilwoman has no opposition.

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I was getting ready to say, you're passing me by.

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This is the one time today that I'm going to,

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the second time today I'm going to get to speak,

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but the councilwoman has no opposition to granting the variance.

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Thank you.

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Thank you very much.

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MI-2025-001-761-334-76 East Price Street.

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MI 2025 001 761.

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I vote yes with proviso.

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Per refusal dated 5-30-25.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with proviso.

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Tanetta Graham, my vote is yes with proviso.

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Ryan McAdams, my vote is yes with proviso.

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