civus
Hearing video

ZBA Hearing - October 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 29, 20255h 57m

Good morning, Mr. Chairman and members of the board.

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Could you please state your name and spell for the sonographer?

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Adam Laver.

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L-A-V as in Victor, E-R, Blank Rome, 1 Logan Square.

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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, Mr. Chairman.

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For the record, identify your claim, please.

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Blank Rome represents 1701 Market, LLC, an Altera Property Group entity, which is the

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owner of the subject property.

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Please proceed.

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Thank you, Mr. Chairman and members of the board.

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We're grateful for this opportunity to appear this morning before the board and appreciate

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the courtesy. As the board will recall from the prior hearing in this matter, I won't go over

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all of the background except to speak to the request for non-protunk relief specifically.

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A notice of refusal was issued by the Department of Licenses and Inspections in this matter

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on June 16th, 2025. Following discussions with the department in an attempt to reach a meeting

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of the minds, which did not happen, I filed a timely appeal to this board on July 15th, 2025.

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There is no dispute regarding the timeliness of that filing. In the filing, my cover letter

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to the board stated in pertinent part in the event that the zoning board of adjustment does

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In the event that the Zoning Board of Adjustment does not grant the requested relief,

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not grant the requested relief

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appellant would wish to proceed with filing a request for variance relief at that time.

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Mr. Chairman and members of the board, this specific language is language that had been suggested by prior counsel of this board many years ago.

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And in the limited instances in which we have filed appeals of this nature, we have used it.

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But more importantly, upon learning of the board's verbal decision in the code interpretation matter, which last brought me before the board, even before receiving an official notice of decision, I reached out to a board executive director who is here today to pursue a request for variance relief path.

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I mentioned that to show the board the efforts that we took for timely addressing.

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So I would respectfully submit that there were non-negligent circumstances here.

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Furthermore, granting the relief requested would not prejudice any parties.

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We have already commenced the community engagement process.

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We're not aware of any opposition.

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we want to engage with all interested parties and have a fully open and transparent process.

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As a side note, it is worth noting that pursuant to code bulletins, a new application could always

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be filed to allow us to ultimately come before this board, which would be an unfortunate

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duplication of resources. And in some, Mr. Chairman and members of the board, we respectfully

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believe that this speaks to the requested granting of relief, not prejudicing any parties

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and being appropriate. I'm pleased to answer any questions or respond to any board concerns.

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Okay. Hillary, is this strictly a vote now? Or questions?

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If the board has questions, they can ask, but otherwise you can move directly to a vote.

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from the board. Any questions from the board?

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Thank you. In this matter,

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721, mark a treat. I vote yes.

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And Mr. Chair, just to clarify

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in granting this, the

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request for Nugpertank is granted and the

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application that has been

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submitted is now accepted as

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timely filed. Okay, thank you.

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I vote yes. Michael Johns, my vote

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is yes. Cheryl Gaston,

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my vote is yes. Tanita Graham, my vote

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is yes. Ryan McAdams, my vote is yes.

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All right, Wayne, my vote is yes.

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Thank you, Mr. Chairman. Members of the board,

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have a pleasant day. Okay, we're going to go to number

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nine. MI 2025

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002 663

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28

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to 30 West Hainstreet.

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Isaac and

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Jordan Holland Townsend are the

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owners.

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...

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Isaac, will you please raise your hand?

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They're being promoted to panelists here.

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Right.

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Thank you.

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Mr. Townsend, can you accept the invite for to promote the panelists?

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Mr. Townsend?

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good morning mr chair this is jason um please give us a moment we're doing our

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run uh mr tons of the panelists right now okay thank you

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Okay, thank you.

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Jason, you want to move on?

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Maybe they can be ready in a little bit.

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Sure, Mr. Chair, no problem.

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All right, so here's what I'm going to do.

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We'll come back to this, and we're going to move on right now

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to number 12, MI2025-002-710-3207, North 6th Street.

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Jose Matos is the appellant.

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Hi, Chair.

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Mr. Matos is being promoted to...

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Okay, thank you.

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Good morning everyone. Hi, Mr. Matos. Good morning everyone. Could you please turn on

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your video can you see us we do not all right mr. Matos I see you mr. Matos

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you'll be doing the testifying, am I correct?

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Yes.

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My English

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is

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we cannot use an interpreter

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that we do not provide.

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I need an interpreter too.

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So, Ian,

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we'll have to continue this

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for interpreter.

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Alright, so

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here's what we're going to do. We're going to continue the case

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and

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we will, the next hearing, we will provide

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an interpreter for you, okay?

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I'm going to try English. What's that?

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I'm going to try English, yeah.

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Sir, what language do you need an interpreter for?

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Spanish. Spanish? Okay.

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We will provide a Spanish interpreter for you at the next hearing.

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Okay, so MI 2025

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25-002-710-3207 North 6th Street.

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This case is continued to 429-26 at 9.30 a.m.

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Thank you very much.

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Thank you.

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Okay.

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And number 14.

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mi2025004 758 3645 north 19th street albert sylvester is the applicant

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good morning mr chair albert sylvester has been promoted they should be coming back in shortly

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sure right that's good good morning everyone good morning mr sylvester could you please state your

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name and spell for this stenographer first name is albert last name sylvester s-y-l-v-e-s-t-e-r

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Right.

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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, sir.

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All right.

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So this is a reconsideration hearing.

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We will incorporate evidence and testimony from the prior hearing into the record.

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The scope of reconsideration hearing is revised, clear or floor plans.

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So you will make your presentation, and then there will be questions from the board, public testimony, and planning commission.

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We'll have a chance to update.

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So could you please start your presentation?

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All right.

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Good morning.

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Thanks again for having the reconsideration for me.

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I will be sharing my screen to show the architectural plans that I revised from the previous meeting.

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from the previous meeting. And so, Mr. Chair, this is Hillary. I just want to note for the record that

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And so, Mr. Chair, this is Hillary.

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we did receive a continuance request for this case from the 13th Ward. However, this is a

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reconsideration hearing, so there is no additional community meeting requirement. I understand a

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meeting was scheduled. I don't see Mr. Carnes here to discuss that request, but I just want

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to note that on the record that we did receive that request so that a meeting could be held,

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but there is no meeting requirement. Okay. We're going to continue

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that. Please proceed. Share your screen. Okay.

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Okay.

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Can you see my screen?

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Yes. Okay. You're just going to have to, you know, give us

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each individual picture, if you could.

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Okay, this screen here is the property plans

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for the outside of the property.

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But going down to the first floor unit is here.

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I'll zoom in a little bit more

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so that everyone can see hopefully a little better.

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where i made the uh revised is the bedrooms into uh living rooms so the for the first floor unit

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here is the first room bedroom is here and the living room is here and the what i put together

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was the square footage. I understand from the last meeting that living rooms need to be 120 square

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feet. First floor living room is 146 square feet. Bedroom is 119 square feet. And also the first

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floor, there is the back area where the yard is at. So it wouldn't really make too much. It doesn't

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makes sense to have a bedroom leading out into the back uh leading out into the backyard if

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someone's in the unit they would have to go through the bedroom to get to the backyard so

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changing the back room from a bedroom to a living room makes makes better sense

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and also the the second floor is here so the steps to enter the unit is here this is the

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kitchen and the dining area and the front room is the living room so instead of and again the

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reason for having this living room at 197 square feet it makes better sense to not move from this

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previously from a bedroom through the kitchen to get to the the bathroom the

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back room on the second floor it is a bedroom here so as far as layout wise it

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would be a little easier to get from the bedroom to the bathroom here that's the

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second floor and the third floor is here where you enter the unit here and the

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first front room on the top floor is the bedroom here you'd see it's 187 square feet and the back

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room is the living room here this is 200 square feet again it makes it does make better sense to

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have living room closer to the kitchen or as opposed to coming from the back room previously

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through the kitchen area and to the bathroom.

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So those were my revised plans for the property

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to use it as such, one-bedroom units.

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Questions from the board?

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I'll just remark, thank you very much

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for making those changes and those considerations

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that we put up at the last hearing.

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Okay, okay, good, good.

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Other questions from the board or comments?

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I'll just concur, particularly with my little pet peeve about the bedroom and the bathroom.

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Okay.

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Thank you.

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All right.

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I think it's more of a comment than a question, but with that new living room on the first

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floor, I do think that the closet is still going to make it read as a bedroom.

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and so just like I understand that you have the plan labeled a certain way but I would uh just

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you know be sure that that you list it as a one bedroom because

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Be sure that you list it as a one-bedroom, because people are going to think that that's a bedroom because of that closet.

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Understandable.

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All right.

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Back and remove.

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All right.

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Questions or comments from our attorney, Hillary Emerson?

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Not at this time, Mr. Chair.

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Questions or comments from the virtual or the current audience here?

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No hands at this time, Chair.

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Planning Commission?

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Thank you, Chairman, and good morning.

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David Fecto, F-E-C-T-E-A-U, with the City Planning Commission.

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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, sir, I do.

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Please proceed.

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Thank you, sir.

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Chairman and board members, we will stand on our prior recommendation.

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Thank you.

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So MI 2025, 004-758-3645 North 19th Street, I vote yes.

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Michael Johns, my vote is yes.

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