civus
Hearing video

ZBA Hearing - December 18, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Dec 18, 20247h 42m

Do you have a...

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Hold on, excuse me, excuse me, Mr. Chair.

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Ma'am, do you have currently a lease with the owner of the property?

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um yes they asked me to submit the deed and he gave me the deed to submit but yes I do

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okay so ma'am you can only present if you have some sort of legal interest in the property and

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that is if you have a signed lease if you do not have a signed lease unfortunately you will not be

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able to present only the owner would be able to present because we only have proof that he has an

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interest in the property. Okay, I can call him now and ask him to get on. I thought he would

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have been on here. I don't know why he's not, but I'm going to call him right now and ask him to get

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on. I didn't know. They didn't ask me. They asked me to submit a deed, and I did. I would have

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submitted the deed. We did not know. That's why. We said deed lease. It depends on what applies

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to you, and for you, Elise, is what applies if you would like to present. But yes, Mr. Chair,

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go ahead. I'm going to go

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I'm going to go past you a minute

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call him and I'll come back in about

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15 minutes okay?

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Number two

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MI 2024

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005359

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6450 Haverford Avenue

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Makamba Kalabali

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is he there?

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Yes chair

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I'm going to promote

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him to penalize

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Okay

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Okay.

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Macomba Kalubali, please accept the promotion to become a panelist.

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I did.

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

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my name is macumba koulibaly you want me to spell it as well please m-a-k-a-m-b-a-c-o-u-l-i-b-a-l-y

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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 this application is for a child care center on the first floor and a single family household

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living on the second floor all in the same existing structure. The proposed use child

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care center is prohibited in the RM1 zoning district. Our vice chair has a few questions for you.

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Good afternoon. Ma'am, have you emailed in all the required documents and exhibits that's needed

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and required to proceed with this case five days in advance of this hearing?

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Yes, I have my husband here with me. He provides you with where she sent everything to.

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Okay, you can proceed to share your screen, and you need to turn your camera on as well.

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Okay.

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Hey, my name is Musa Cdibi.

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So, I think your wife is the one that's going to testify, okay?

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Yeah.

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All right, sure.

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All right, start your presentation.

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um can can i do the presentation with her with her i can testify that uh that i will be truthful

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and honest as well i know i know but what i'm saying it's it's her business right we we own

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the business together but the you know she is in the application she's the one who found so so

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you know so she's gonna have to do the testimony okay we'll get her through the testimony don't

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worry okay no problem all right so we're gonna share no no no no you you you can't testify she's

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going to testify sorry sorry sorry my fault no that's okay it's okay

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pardon me chair this is the court reporter could i have the gentleman uh give his name please

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um my name is musa sidibe m-o-u double s as in sam a as in alpha last name sidibe s-i-d as in

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David, I, B as in

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boy, E as in Edward.

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Thank you.

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All right.

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And forgive us because we lost...

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No, no, no. Do me a favor. She's going to testify, sir.

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She's going to testify.

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Okay.

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On your screen.

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Let me start sharing.

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Okay.

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It should be that green button on the bottom.

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It should be that green button on the bottom, see it's share screen.

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See, it's share screen.

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Yeah, no, I am sharing my screen.

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However, I have to find the file that I'm doing it with first.

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Okay.

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All right.

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Okay.

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You have to open your file first and then share screen.

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Are you seeing the screen now?

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No.

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Yeah. Okay. Let me try again.

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I'm doing it from a phone.

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Bill OIT.

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Okay.

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All right. Once you hit the share button, does it ask you what you wish to share?

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Yes, it's asking me what I want to share, but it's not really like...

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Can I say something, sir? Is that okay, please?

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Hold on a moment. Let's see if we get her through this, please.

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bill it she's on the phone too right unfortunately so here it is here it is here it is

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all right

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so um i already have a daycare right next door which is on um which is at 64 48 harryford avenue

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okay with the capacity of 32 children um we passed on in with that one um so

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how many children are you looking to have in here um we haven't we haven't done that yet

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so we don't know how many kids we are allowed yet okay sure um this is our floor plan

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how many floors you're going to be on one

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and the second floor is a residence yes can you blow that up a little bit so we can say it it's

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kind of hard to say sure where do you want me to start thank you that where the daycare is right

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here um i will no this is the top floor i believe and this is the second floor that's the daycare

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there the first floor yes i'm sorry okay the second floor is the private residence yes okay

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keep going so you went to the rco yes we passed

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Do you have photos of the place?

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Yes, we do.

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So this is across the street from the daycare center.

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This is also 65th and Habibford, the intersection of the daycare center.

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This is also another across the street is the cleaners.

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This is the cleaners across the street.

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This is a seafood restaurant here.

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This is a corner store across the street and a hair salon at the corner.

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This is the Chinese store at the corner of 65th and Haverford.

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This is also a hair salon right next door to the property that we're here for.

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And this is the property right here, 6450.

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And the daycare center that we're occupying right now,

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So the building that I can find right now is 6448.

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Okay.

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That's you posted your building.

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Yes.

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That's the inside.

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Yes.

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So it's all fit out and ready to go?

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Yes.

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That's the bathroom in the corner there?

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No, that's the door to the basement.

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Okay.

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Back here is the door on the left-hand side is the door to the bathroom.

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This is the door to the back.

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The other door straight ahead is the door to the back.

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This is the bathroom.

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That's the door to the back.

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The one on the right-hand side is the entrance to the upstairs.

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The one on the right-hand side is the entrance to the upstairs, and the one on the left-hand side is the entrance into the place that we want to make the daycare center.

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That's your application for appeal.

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How long have you been in business next door?

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Six years.

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And it's just to the point it's too crowded in there? Is that what it is?

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Just to expand.

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Army?

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Expand.

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Okay.

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Okay. And that's where you're going to move into the one with the glass you just showed us?

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Yes.

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Okay.

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All right.

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All right.

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Questions from the board.

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You got a question.

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In your current daycare, is it the same footprint or the same size as the one space that you're proposing to go into?

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No.

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Sorry about that.

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Smaller or larger?

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Sorry about this.

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That wasn't true.

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You said, is it smaller or larger?

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Current daycare.

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The current daycare.

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I believe it's larger.

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How many children do you have there?

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I have the capacity of 32 kids, so we're at full capacity at the moment.

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Okay.

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All right.

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So the intent is not to move sites, but just to have another site next door?

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Yes.

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Okay, thank you.

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how many uh people do you have working at the uh center that you have now and how many do you

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anticipate you're going to have in the new facility um so at the moment i have seven

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staff members working in the facility in the building that i'm in now so i anticipate having

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about three to four um staff members um um again we're just expanding so i want to make it doesn't

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need it just for the infants so yeah the infants are four to one so depending on how many kids

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they allow me that'll be the um that'll let me know how many staff members i'll need to have here

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and you said that was from like four months to one year is that the age of the children

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um no we i'm starting six weeks six weeks okay

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any other questions from the board

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questions or comments from our attorney not at this time mr chair

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Questions or comments from the virtual audience?

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I see no hands at this time, Chair.

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Planning Commission.

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Thank you, Chairman, and good afternoon.

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David Fecta with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends a change in zoning at this location from RM1, residential multifamily, to RSA5, residential single family.

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The zoning of this property dates to the original 1933 zoning code and maps.

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This property has a documented history as ground floor commercial use with dwelling units above.

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The City Planning Commission recommends that the Board grant the proposed use variance for a child care center.

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MI 2024, 005359, 6450 Haberford Avenue, I vote yes.

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Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes.

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Tannetta Graham, my vote is yes.

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Iowa, my vote is yes.

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Ishmael Fahid, my vote is yes.

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Thank you.

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Number three, MI 2024, 005-639-2350 Reed Street.

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Alok Sokoloff is the attorney.

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Letter of support from Point Breeze Development Coalition.

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The vote was five to one.

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Applicant also provided 19 form letters, six from the block.

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Mr. Sokoloff.

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oleg sokolov has been promoted to penalties good afternoon to the board could you please

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state your name and spell it for the court's sonographer yep oleg sokolov on behalf of the

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applicant 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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Could you identify your client, a relationship to this property?

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

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Yes.

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Yes.

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The.

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The client, the representative for the client who's going to be on the line is Matt Mullen.

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The entity itself is 2350 Reed Street, LLC.

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