civus
Hearing video

ZBA Hearing - February 5, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Feb 5, 20257h 1m

within an existing structure. This use is not permitted without a special exception.

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okay

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just gonna go to

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page 57 this is the site it's a large cmx2 property in the middle of point breeze avenue

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it has an existing building that has multi-family up top and a vacant commercial space

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below. As mentioned, City Life Health, we're proposing for a group medical dental health

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practitioner in this existing structure. City Life Health is a healthcare provider focused

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on ensuring quality healthcare and equity and access to high quality primary and urgent care

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in underserved locations. And this is, again, just going to be on the ground floor

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of an existing structure that has residential above. This is in line with the comprehensive

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plan as Point Breeze Avenue is there's an opportunity to sort of revitalize and recreate

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additional commercial opportunities on Point Breeze Avenue. And the comprehensive plan

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discusses sort of encouraging the extension of this activity and commercial activity

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further along Point Breeze. So as you can see from here, this is the vacant space on the ground floor

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where we're proposing this use. The residential above. The code doesn't allow for a group

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practitioner without a special exception. We met with Point Breeze Community Development Coalition on November

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We met with Point Breeze Community Development Coalition on November 25th, and they submitted a letter of non-opposition.

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There was seven total votes, seven yeses, zero noes.

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This was their letter they submitted.

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And I believe someone from Council President Johnson's office will be on to orally give their testimony.

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This is just a floor plan of the space. As mentioned, it's an existing building. There'll be exam rooms, triage rooms. It is just for urgent care and primary care. So in neighborhoods where the only alternative would be going to Jefferson or Penn, this provides a different health care resource where they can get, you know, if you need stitches or you need a vaccine or you have something in your eye and you don't need to go to an emergency room for that level of care.

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They also have primary doctors there, so people can get used to and comfortable with going and seeing the same doctor, like many of us are accustomed to.

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This use will not cause any more impact than any of the by-right uses, as it's, again, a group medical dental health practitioner, which requires a special exception.

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This is the current space.

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so as you can see it's a pretty large vacant commercial space at the ground floor and will

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be nicely set up for the exam rooms offices triage um and the like um if i could bring on um brenda

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Meyers. Okay.

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They'll be coming back in as panel goes shortly.

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Thank you.

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Here.

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Brenda, could you please state your name and spell for the

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court stenographer brenda meyers myers do you swear or affirm to tell the truth the whole truth

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nothing but the truth yes please proceed counsel brenda do you have the authority um on behalf of

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city life health um for this matter yes have you heard my testimony that i've given in front of

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the board do you believe it to be true and accurate and do you adopt it as your own

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yes and yes thank you questions from the board

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okay what kind of hours are we talking about for this facility sure brenda are you able to answer

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i'm currently looking at uh eight to six monday through saturday it might be shorter on saturdays

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we're not, you know, depending upon the need.

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Okay. So, um, all right.

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Gotcha. Okay. Thank you for the questions from the board.

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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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Question or comment from the virtual audience?

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Yes, Mr. Chair. I have a Dominic long with the hand raised.

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I would love them to speak.

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hello hello hi hi how are you could you please state your name and spell for the stenographer

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yes uh dominic long d-o-m-i-n-i-c-l-o-n-g right do you swear or firm to tell the truth

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the whole truth and nothing but the truth i do please proceed sir all right so um i'm from the

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second district office of council president johnson and i am letting you know that he does support

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this project thank you very much for taking the time to call us we appreciate it is there anyone

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else in the virtual audience no further answer mr chair planning commission amy board with the

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planning commission the comprehensive plan recommends no change in zoning at this location

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from the existing commercial mixed-use CMX-2.

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The appellant has demonstrated that the proposed use

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would not cause such eventual impacts

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beyond what would reasonably be expected.

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The Planning Commission recommends a board grant

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the requested special exemption

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for a group medical and dental health practitioner.

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MI 2024-006-658-1420 Point Breeze Avenue.

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I vote yes with proviso.

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Use limited to first floor.

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For John's, 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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Thia Nguyen, my vote is yes with Proviso.

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ishmael shaheed my vote is yes we're provided thank you council thank you number eight mi

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Ishmael Shaheed, my vote is yes with Proviso.

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Thank you, counsel.

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Thank you.

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Number eight.

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2024-006-661-2815 grays ferry avenue peter kelson and eric bodson are the attorneys

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there's a letter unanimous support from road rco mr chair eric bodson is the attorney in this matter

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ERIK BODZIN, E-R-I-C-B-O-D-Z-I-N.

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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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Could you identify your client, the relationship to this property?

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Yes, my client is Harry Feldman on behalf of Gray's Ferry Partners LP, doing business as Corman Commercial Properties.

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Thank you. Our vice chair has just a few questions, sir.

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Good evening, counsel. Do you agree to wait to read another refusal or stipulate to his accuracy?

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Yes, I do.

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

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Yes, I have.

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Thank you, counsel. Please proceed and you may share your screen.

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Wonderful. I will pull up my screen in just a moment.

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Okay. Does the screen appear clearly in front of you, members of the board?

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Yes, it's fine.

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Thank you so much.

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uh good afternoon or good evening um i am here as i mentioned with harry feldman of corman

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commercial uh properties uh corman is the owner of the subject gray's ferry shopping center at

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2815 gray's ferry avenue you may recall several similar use variances of this property over the

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years, all because of the legacy I-2 zoning designation of this 50-year-old shopping center.

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These approvals date back to the board's original approval for the development of this shopping

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center in 1976 and its continuous use as a shopping center since that time. Most recently,

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the site has been approved for clothing sales in 2019, a restaurant in 2020, and retail sales

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of food and beverage in 2021. The subject refusal today, you can see here, is also for retail sales,

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excuse me, in this case of consumer goods, so that a Verizon store can move into a small

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vacant space in the shopping center. Again, here's the copy of the refusal for retail sales of

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consumer goods in I-2. That is the loan refusal. As you might expect, the City of Philadelphia's

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comprehensive plan for the South District has for some time recommended that this property be

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rezoned to CMX 3, the commercial district, in light of the longstanding commercial use of the

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shopping center and this area, as Mr. Clinton mentioned earlier this afternoon. Retail,

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including the sale of consumer goods, is permitted in the CMX 3 district recommended

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by the Planning Commission.

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As you can see here,

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here's a map of the Gray's Ferry Commercial Corridor

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showing on the bottom the legacy zoning in this area.

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And in contrast, the actual current use of the corridor,

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which consists of this shopping center

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as well as various restaurants, businesses,

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and an animal clinic on Gray's Ferry Avenue.

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Here is a nice aerial from the east.

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You can see the lot is self-contained by a local access road and the north side of the Graysbury Avenue.

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Here are some zoomed-in photos of the site.

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The application is for the Verizon store to fill the vacant space that was formerly H&R Block, as you can see on the bottom of the screen.

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Here's the key plan for the shopping center.

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The proposed Verizon store is to occupy the small space, hopefully you can see it, letter F.

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From left to right, the other tenants in this very full and active shopping center are the Fresh Grocer is labeled A, and then from left to right, you have PA Fine Wine and Spirits, the U.S. Postal Service, Healthy Tools, Curling Care, Chase Bank, and then McDonald's on the PAD site, all of which have been previously permitted within this 50-year-old shopping center.

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From left to right, the other tenants in this very full and active.

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The Verizon store to occupy that small unit F is just one of two spaces that are currently vacant on the shopping center.

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And Corman has, in fact, kept the shopping center full for many decades, which is no small feat and owes to the fact that Corman has engaged long-term tenants, including the Verizon store.

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that also specifically serve the community.

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And we've been pleased to work once again

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with the courting RCO,

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the Grays Ferry Coalition of Neighbors,

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in particular to confirm the Verizon store's commitment

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to local hiring through their operator, Victra.

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Here is the floor plan of the proposed site.

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It's a 1,600-square-foot vanilla shell space.

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Here are the posting and interior photos.

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I'll go back to the floor plan.

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Again, minimal size at 1,600 square feet, one of the smaller spaces in the shopping center.

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Minimal fit-out is expected or is required for Verizon to provide its standard wireless products and services.

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Same ones offered by other Verizon stores in the city.

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commercial trash and recycling

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services and storage in the rear

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all per the shopping center leases

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through Corman. The store as I mentioned is to be operated by

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Victra which maintains 1600 Verizon stores in all

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50 states. The store will operate 7 days a week

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in keeping with the very active nature of this shopping

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Center, 9 a.m. to 9 p.m. Monday through Saturday, and 11 a.m. to 6 p.m. on Sundays. The store will

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employ about 10 to 15 staff members, about two to four staff per shift, and as I mentioned,

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with the emphasis on hiring from the community. Here is the unanimous letter of support from the

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community, which met with the applicant initially on November 20th, and then for a vote on December

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11th. Cormans had several representatives in attendance at this hearing today. Suffice to say

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their fifth generation team has really enjoyed working with the Grace Ferry community over the

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years and is grateful for the neighbors' continued support. I'll pull back the key plan and summarize

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briefly our request for relief due to hardship. Case is rather simple. This is a 50-year-old

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shopping center and the development of the shopping center and uses that we've brought

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before this board over the years cannot, of course, strictly conform with the I-2 industrial

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district. Oops, I'm sorry. But while strict conformity is not possible, this is the least

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possible modification of the regulation at issue, specifically activating a small retail space

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that was previously, recently, and repeatedly approved for similar retail and commercial uses.

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As I mentioned, the grant of relief is consistent with the board's prior approvals dating back

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to the shopping center's development in 1976. And as I've detailed, I'm happy to elaborate upon,

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grant of relief will not alter the neighborhood's character, congestion, health, and safety,

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adjacent properties, public facilities, and the environment. All as per the code. To the contrary,

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we're pleased to bring this proposal before you with community support to keep the shopping

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center and the corridor full and active for the benefit of the community. For these reasons,

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Mr. Chair, members of the board, I respectfully ask for your support of this application. Thank

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you for your time this afternoon. Mr. Feldman is here with me to adopt my testimony. Good.

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Thank you, Mr. Feldman.

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Thank you.

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Is it Mr. Chair?

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They should be coming back in as Panama shortly.

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Sure.

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Hello?

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Hi, Mr. Feldman, could you please state your name and spell it for the court stenographer?

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Hi, Mr. Feldman.

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Could you please state your name and spell it for the court stenographer?

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Yes, Harry.

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Yes, Harry Feldman, H-A-R-R-Y-F-E-L-D-M-A-N.

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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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I do.

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Please proceed, counsel.

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Hi, Harry. How are you this afternoon?

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I'm doing well, Eric.

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I see Greg behind you. I'm adopting and affirming you, Harry, but I should note that Greg Masiatano,

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So sitting beside Harry is here on behalf of Corman Properties as well.

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Mr. Feldman, can you confirm that you've heard my testimony and description of the application this afternoon?

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Yes.

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And this information, is it true and accurate to the best of your knowledge?

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Yes, it is.

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And would you adopt my testimony as your own and affirm my testimony as your own?

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Yes.

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Thank you so much.

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questions or comments from our attorney hillary emerson

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uh just a quick question um mr bodson do we need to specify the unit or does that

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not matter in this case because the owner is the applicant

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i don't believe uh the owner is the applicant and i don't believe we do not need to specify

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the the unit number okay thank you questions or comments from the virtual audience

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i do not see any hands raised mr chair planning commission

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amy boyd with the planning commission the comprehensive plan recommends a changing

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and zoning at this location from the existing industrial i2 to auto oriented ca1 the proposed

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use would be allowed by right in the recommended zoning the planning commission recommends the

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grant their requested variance for retail sales of consumer goods.

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Thank you. MI 2024-006-661-2815-Gray's at Gray's Ferry Avenue. I vote yes.

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Michael Johns, my vote is yes.

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