civus
Hearing video

ZBA Hearing - September 11, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Sep 11, 20245h 12m

MI 2024-002-371-1639 East Cheltenham Avenue.

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The board is continuing this matter.

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Are there any other requests for continuances?

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I see no hands at this time, Chair.

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Okay, thank you.

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Number three, MI 2023-006-895-2873, North Lehigh.

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Michael Ruth, this is the second listing.

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The attorney involved in the case is no longer involved.

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Mr. Ruth.

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Mr. Ruth.

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I see no one in the audience with that name, Chair.

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Thank you.

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So MI 2023-006-895-2873 North Lee Street.

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Cases continue.

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Mark must be heard.

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And number nine.

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I did nine already.

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And number one.

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MI 2023

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004 947

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1205 South 20 A Street

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This case has been withdrawn

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Okay

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We're going to go to our cases now

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Number 4

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MI 2023

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006 923

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3101 East Ontario Street

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Sean Ward is the attorney

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there's a letter of unanimous support

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from Port Richmond

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Home Patrol and Civic

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and a letter of support from Council Member Driscoll

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Sean Ward has been promoted to penalist

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Mr. Ward?

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Do we see Mr. Ward's hand?

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okay i'm here there he is hi mr ward oh my god could you please state your name and spell for

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the court sonographer thank you mr chair my name is sean s-h-a-w-n-w-a-r-d attorney for the applicant

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at 3101 east ontario street i apologize for the delay and uh but the little wheel

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The little blue wheel was going.

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All right.

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth, sir?

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Of course I do.

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And could you identify your client, please?

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I represent East Ontario Company, LLC, which is the registered owner of the premises under consideration.

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And I do have a representative of the LLC with me today.

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Our vice chair has just a few questions, sir.

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Yes, sir.

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good afternoon council do you agree to waive the read another refusal or stipulate to its accuracy

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yes i do i've emailed in all the required documents and exhibits that's needed

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to proceed yes thank you thank you mr ward please proceed and share your screen okay

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chair can we confirm that my screen is uh in fact it's up yep it's up mr ward awesome thank you um

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what i have submitted is my typical uh exhibit packet i'm just trying to move it on my screen

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Um, which includes bear with me here. Okay. Um, I represent East Ontario company LLC. Uh, the premises is 3101 East Ontario street at MI ending in, uh, 6, 9, 2, 3 as recited by the chair.

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A1 is our notice of referral.

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This is a special exception case, not a variance case.

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And we are seeking approval today for basically equipment and materials, storage, yard, and building.

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Again, it requires a special exception in the I1 industrial district due to the IMA overlay.

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I-1 industrial district. Due to the IMA overlay, normally it would be an approved

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use in the I-3 district. So again, we're here today for a special exception approval.

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Let me blow this up a little bit so you can see it better. A-2 is our ZBA application of appeal.

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A3 is our project information form.

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A4 is a copy of the deed showing proof of ownership and standing before the board.

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A5 is our proof of tax clearance.

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A6 is an archive zoning site plan showing the site.

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A7 are photographs of the posting, the subject property, street views, aerial views.

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And I do have as a supplement some interior photographs, which were requested by board council.

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I did not receive them until late yesterday or this morning, but they have been submitted to board council and I will share them today.

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So I would ask that they be included in A7 as photographs.

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A8 is the RCO meeting notice and certificate of mailing.

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A-9 is our letter from ProPAC supporting the grant of the special exception.

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I don't want, I'm not, you don't have that up yet, do you? Because I'm not really saying that. I see him.

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You can't say what?

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Well, I'm not seeing that. What I see here is not what you usually put up.

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Oh, I'm sorry.

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Excuse me, this is board council. Yes, we're looking at, I guess, your file folder.

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yeah gotcha gotcha gotcha all right let me let me stop share

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uh let me start again with well you don't have to start again just throw it out i'm fine

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how's that that's it that's it oh there it is okay all right so uh again uh 3101 east ontario

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A-9 is our RCO letter of support for the special exception.

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A-10, Councilman Driscoll, I believe, submitted an email directly to the board.

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We do have it.

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Great. Thank you.

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A-11 is the zoning history.

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This property is down by the Tioga Marine Terminal.

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I mean, there is not one residence anywhere near or about this area.

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Since 1958, this property is used for the tanning of hides and skins.

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And then in 1977, there was a permit granted for storage and maintenance of motor vehicles.

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A-12 is the zoning map and A-13 is the aerial photograph.

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So briefly, I would again reiterate this use is specifically permitted in the I-3 industrial district, which is one of the least restrictive of the industrial districts.

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However, years ago, the IMA overlay was instituted specifically for the preservation of industrial uses in these lands.

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So now it requires a special exception.

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So that's why we're here.

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Under a special exception approval, there are special requirements, if any, listed in the code.

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In our case, there are none listed.

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And then we're supposed to show any detrimental impacts on the neighborhood.

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Congested in the streets and public transportation, there's absolutely none.

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This is the Tioga Marina Terminal District.

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There is no overcrowding of the land.

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We're not erecting any structures.

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So there's no impairing of adequate supply of light air to the property.

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It's an existing site.

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We're not proposing anything new or different other than the current use of the property.

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So there are no burdens on the water sewer, school park, or other public facilities.

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And we're certainly not going to impair or permanently injure the use of adjoining conforming properties.

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This property is more or less surrounded by a property owned by the Port Authority.

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And therefore, you know, that just won't happen.

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You know, that just won't happen. And again, because it's a storage of construction material and vehicles, there's no endangerment to the public health, safety and welfare.

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And again, because it's a.

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And we're certainly not inconsistent with the city plan.

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Based upon the letter of support from ProPAC, we submit that there is no detrimental impact upon the neighborhood.

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And so I will quickly run through our packet.

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Okay.

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I'll get to the important stuff.

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um taxes are paid here's the site plan uh this is the corner of ontario street and

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um what might be called caster avenue however it doesn't really exist

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this is a copy of our posting this is the front of the structure we've repainted the front of it

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You will see in my Google Street Views how the property looked prior to our institution of adaptive reuse.

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Again, this site over here where I'm moving my cursor is owned by the Port Authority.

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The black rooftop property is our structure.

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Again, these are Google Street views showing the condition of the property before our institution of our use.

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Ontario Street running each way.

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Again, this is the Tioga Marine Terminal.

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This is our notice to the community for our meeting.

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Our certificate of mailing.

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The lengthy list of addresses that we had to notify.

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Again, this is the RCO notification map provided by city planning.

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Again, this is the PROPAC letter.

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Again, use is allowed in industrial I-3.

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You will see that normally this would be a permitted use, a lever, I apologize, I came up gibberish, but this is the IMA zoning, which requires a special exception.

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This is the zoning history, again, private garage and accessory storage of motor vehicles, et cetera, et cetera, et cetera.

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uh the approved zoning uh map for the site and

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not to belabor the point but again all the deep purple is i3 zoning and we are right here dead

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center on the map um so obviously there there is no impact upon any uh other neighborhood

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um you know here's the google map again an aerial photograph this entire lot other than

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what you see is the blacktop roof um is owned by the port authority uh apparently using it for a

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I imagine a tow yard

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but other than that

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that's what I have

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I believe I have George Groves

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on the call

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George if you could raise your hand

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Mr. Groves

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Mr. Groves had been allowed to speak

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Sir could you please state your name as spelled for the

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court stenographer

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George Groves

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G-R-O-V-E-S

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Groves

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Do you swear or affirm to tell the truth

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the whole truth and nothing but the truth yes sir please proceed counsel uh george you heard

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my representation to the board today correct yes are they true and correct to the best of your

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knowledge information and belief yes sir and would you adopt them as your own testimony as if called

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to testify today sure would thank you very much uh mr chair that that's all i have okay thank you

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questions from the board no question did i hear you say that there were interior pictures or we

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don't have them oh cheryl i am so sorry uh they weren't in the packets you just got them a little

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late that's fine uh but i i do in fact have them if you if you want to see them it's it's basically

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just a, oh, we're already in my second.

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It says wholesale distribution and storage, equipment and material storage.

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What are we doing here today?

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It's a construction and, you know, a construction equipment and material storage facility.

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And here are, you know, this is what's inside right now.

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It's all tools, some vehicles.

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And basically, you know, they, you know, they store their vehicles inside.

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And this photo array was shared with Hillary and board council and ZBA this morning.

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Okay. And then distribution? What do we...

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No, Cheryl, the...

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Is that just the general category that we're going under?

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Exactly. That is the general category. Our application calls for...

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You're just doing the storage and equipment and materials and that kind of thing.

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Okay. So, you know, you know, on the refusal, if I go back up, the general category is wholesale distribution and storage. However, our specific use is equipment and material storage, yard and building.

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Gotcha. Okay.

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But it falls under that category of wholesale distribution and storage.

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but any other question any other questions from the board

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questions or comments from our attorney ryan mcsherry

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no mr chair questions or comments from the virtual audience

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i see no hands at this time chair planning commission uh ron bednar city planning uh

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the property is indicated for medium industrial use on the city plan we believe the proposed

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use will have no more of an impact than would be expected to have given its location.

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Therefore, we recommend granting the requested special exception.

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Thank you.

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MI 2023-006-923-3101 East Ontario.

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Tarry Street, 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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Tanetta Graham, my vote is yes.

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Hi, I win. My vote is yes.

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Ishmael Shaheed, my vote is yes.

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Thank you, Mr. Ward.

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Thank you so much.

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Have a great afternoon.

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You too.

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Number six, MI 2024-002-341-231 West Rittenhouse Square.

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Steve Masters is the attorney.

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Unanimous support from West Central Germantown neighbors.

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steve masters is coming in as a penalist

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good afternoon mr sheriff hey counsel how are you sir could you please state your name and

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spell for the court stenographer steve masters s-t-e-v-e m-a-s-t-e-r-l do you swear or firm

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to tell the truth the whole truth and nothing but the truth i do could you identify your client

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a relationship to this property? Yes, my client is Susan Deutsch and Matthew Hamilton, who are

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