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Hearing video

ZBA Hearing - June 12, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jun 12, 20245h 17m

Yeah, Tiffany Green

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Tiffany

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T-I-F-S-A-N-Y, Green

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T-I-F-S-A-N-Y, Green

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T-I-F-S-A-N-Y, Green

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T-I-F-S-A-N-Y, Green

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Hold on, hold on, hold on

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I'm sorry, go ahead

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Do you swear or affirm to tell the truth, the whole truth

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And nothing but the truth?

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Yes, I do.

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Please proceed, Tiffany.

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Okay.

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We have a concern here in terms of the testimony, a real concern.

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And so first I want to start off with Sean mentioned about the 11-11 vote.

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I'm not familiar with that vote.

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I have a letter here from Point Pre-CDC dated June 5th that states that the community did not support it.

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Point Pre-CDC did not support it, and we're not supporting the project.

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And so I don't know where that other vote came in at specifically.

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And even so, this is the official letter from Point Breast CDC coordinating RCO.

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I'd say all that to say that the community definitely was opposed to this,

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if you look at the comments on the letter.

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And we're saying that because, one, is that we've had quite a few already somewhat in the area,

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they said, and breakfast shops, and it seems to be an overusage of the breakfast cafe piece

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within this small residential area. You have one at 17th and Reed, going to be a breakfast place.

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20th and Reed is already a breakfast place called Eagle. You have 1300 South 18th Street,

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which is a by-right, something that they could not really stop. They weren't interested really

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there, but it's a by-right corner property. And so Garrick Street is a very small, small block.

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And so to want to build this out on Gabbard Street, this is not a main street, is one of the other concerns of the community.

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And the fact that they did not want no cafe or type of store at the bottom, they want to keep it RSA 5 residential at this time.

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And so therefore there's no real hardship for that.

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He could build to code and still have a property that is viable at this point.

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have a property that is viable at this point.

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And so we don't feel that every corner in the community

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and so we don't feel that every corner

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has to be a first-floor commercial with a residential on top.

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And so basically we are opposing this property,

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and we're asking the board not to because we don't really even know

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all about these proviso plans that he has proposed.

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And talking about 100% lot coverage, he's asking for provisos

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that I don't remember really being discussed at the meeting.

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And so I guess he's taking his chances down here at the ZBA. And so this is not fair to the community. So we're asking you to oppose this project. And at this point, we're not having the support of the community or the RCOs. Thank you, Chair.

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Hello? Hello? Can you hear me?

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Chairman, you're muted.

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I know. Thank you. Thank you.

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Okay. All right.

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Okay, Chair. I was wondering what happened.

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Is there anyone else in the virtual audience?

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Chair, we have a caller with the last four digits, 3780.

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Caller, please unmute yourself and wait for the chair.

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Hi, could you please state your name and spell for the court's sonography?

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Gail Ratt, C-A-I-L-M-A-T-T.

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I'm a resident at 18th and Reed.

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Okay.

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And I'm opposing this.

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Hold on one minute, one minute.

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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.

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All right.

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And are you in favor of this project or against?

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I'm opposed.

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Okay.

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Do you want to tell us why?

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Yes, I can tell you why.

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because we have enough cafes in our area.

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We overpopulated with the cafes.

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We overpopulated with the parking.

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As far as I'm concerned,

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it should be a single family dwelling.

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Okay.

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All right.

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Thank you very much.

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Okay.

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Okay.

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No, thank you very much

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for taking the time to calls.

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Is there anyone else in the virtual audience?

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Chair, we have a Stephanie Ostrov.

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i could you please state and allow to speak i could you state your name is spelled for the

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court stenographer hi yes uh stephanie s-t-e-p-h-a-n-i-e ostroff o-s-t-r-o-f-f

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all right do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes are you in favor or against this project i'm against this project and could is there other

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reasons why you're against it than what we've already heard? Yes. Specifically the 10 PM closure

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for the business. I'm over on 18th and Garrett, just a few houses down from the project. And I'm

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concerned about noise in the evenings, if they're going to be hosting classes. And I also concur

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with others who've spoken about sort of the oversaturation of coffee shops. I'd prefer that

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it were just residential. Thank you very much for taking the time to calls. Is there anyone else in

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the virtual audience. Chair, I see no further hands at this time. Before I go to Planning

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Commission, Mr. Whalen, do you want to respond? Certainly. Thank you, Chair. So I guess globally,

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I re-shared my screen just to make clear. We had two RCO meetings and two RCO letters.

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Both of them referenced the votes that were taken at those meetings. Both of them referenced

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the specific requirements, not requirements, specific issues raised. Point Breeze CDC actually

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does quite a nice job with that. So the first meeting was held back in March. There's an April

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3rd, 2024 letter that I'm showing now. They had 22 votes. It was very well attended. And the meeting

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was 11 yes and 11 no. I have it highlighted here on the screen. It essentially goes down through

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each and every, excuse me, each and every issue here. Most of the issues, as I described them

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before, and we could go one by one if the board is interested, revolves around it's too big of

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an overbuild. And Mr. Lai was at that meeting, but it's actually Sin Su, who I also have on this call

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in order to address any issues, who's going to be operating the restaurant and the cafe rather.

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And so people were concerned that they didn't get enough information with regard to that cafe.

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So again, we went back to Point Breeze CDC. This is when we presented at the second meeting,

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we presented the scaled down plan. We told them specifically we are going to go to

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the scaled down plan. We told them specifically, we are going to go from four stories to three

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Thank you.

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stories. We were going to go from two units to one unit above the cafe use and have the full

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build out on the first floor. This was actually widely received well because we were working with

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the community and they appreciated that. They ultimately voted, no, there were only eight votes

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at that second meeting. And again, they go into the main reasons that you hear today,

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which we've already gone through, which are they would prefer to be strictly residential because

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there are too many cafes in the neighborhood, too many of these similar uses that they're stating

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in the neighborhood. Again, what you see here, going to the east, there are a lot of CMX1

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uses. Going to the West, where we are, there are almost no corner uses for CMX1 smaller shops.

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So again, we offered all of the provisos that I stated today on the meeting. We offered to

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include as provisos at the second RCO meeting. They were not offered at the first RCO meeting,

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just to be clear again. And again, this is a smaller shop. This is not going to be generating

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vehicular traffic. This is going to be a small corner shop cafe with limited offerings for food

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for breakfast and lunch. And we would even be open to a proviso that there is no dinner service here

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with a limited number of, you know, days a week that we could offer those nighttime or evening

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classes. Those are not intended to be extensive. Those are just offerings that sort of Miss Sue,

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who can, I would actually, I guess, because I've testified so much more, I would ask that she be

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called to adopt my testimony as it is. She'll be operating personally the cafe and what she has

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heard and worked with the community is that um they are missing a community space and uh have

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artists come in and do some small cooking classes and things of that sort that's not a use that is

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anywhere else in the community um so that was something she was hoping after the main business

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which is breakfast and lunch and having people you know sitting and working at the cafe uh to

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then allow for uh this you know evening use um okay so so i guess because i went so far

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beyond what i originally did i i would uh respectfully request that i can call sin

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sue to adopt my test why don't we bring her on just to adopt your testimony thank you

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do we share her hand sin sue has been unmuted and allowed to speak chair hi could you please

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state your name and spell for the court stenographer? Hi, Sin Su, S-I-N-S-U. Right.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth? Yes. Please

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proceed, counsel. Thank you. Ms. Su, if this project is approved, you will be part of the

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ownership group, correct? Yes. And you will personally be operating the first floor cafe

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as I've described it, correct? Yes. And did you hear all the prior testimony that I presented in

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this case? Yes. Do you believe it to be true and correct to the best of your information and

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belief? Yes. And do you agree with all of the provisos that I've set forth already? Yes. Okay.

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And would you adopt that testimony as your own? Yes. Okay. Thank you very much. Chair,

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I often miss you for any questions. Right. Planning Commission.

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Amy Board for the Planning Commission. The comprehensive plan recommends no change to the existing single-family RSA 5 zoning at this location. The applicant's hardship is not supported with evidence of unique physical circumstances or conditions of the property that would prevent them from being used in conformance with the use requirements of the zoning code, as well as dimensional requirements.

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The board denied the requested variances for multifamily living, eating and drink in an establishment, open space, and rear yard setback.

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Thank you.

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Mr. Watt, what we're going to do with this, and I'm going to hold this for two weeks.

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We will vote on this two weeks on Wednesday, which is, what's that date, guys?

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Today is the 12th, 19th, 26th?

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26th.

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Yes, the 26th, Mr. Chair.

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We will vote on this at 930.

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the case is closed

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and I just want a time to

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go into executive section and try to

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go into executive section and try to work through this okay thank you certainly uh chairman if if i

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work through this

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okay

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may um i appreciate the board's consideration of this uh i did just confirm with my client

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given some of the concerns of the community my client would accept a three-year temporary

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variance in order to get this approved and show show what a good use this will be for

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the neighborhood and for the community um well we'll take that into consideration when we talk

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about that thank you very much chair thank you thank you very much uh is mr holliman on

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okay is there mr chairman can you hear me i i can i can um hillary what i want to do is

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handle those add-ons?

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Yes, Mr. Chair.

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Tom, what we're going to do

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is the issue we talked about later, I'll do it

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at 2 o'clock, but I have two or three

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add-ons I want to do right now.

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Okay?

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No problem, Mr. Chairman. Okay, thank you. So, number

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one is MI2024

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000

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635

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101 Bethlehem

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Avenue. I vote

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yes, proviso.

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Her supplemental findings of fact and conclusions of law adopted by the ZBA on June 12, 2024.

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Thomas Halvin, my vote is yes, with proviso.

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Ish?

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Ishmael Shahid, my vote is yes, with proviso.

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Thank you.

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Number two, MI 2024-000637-105 Bethlehem, Pike, I vote yes with proviso per supplemental findings of fact and conclusions of law adopted by the ZBA on June 12, 2024.

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Thomas Holliman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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And number four, MI 2024, 00317, 2400 Oakdale Street.

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I vote yes with provisos.

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Interior trash stores, maximum two dwelling units.

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Thomas Howellman, my vote is yes with proviso.

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Ishmael Shaheed, my vote is yes with proviso.

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Is there anyone in the virtual audience whose case has not been called?

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I see no hands at this time, Chair.

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Thank you, everyone. See everyone at 2 p.m.

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Good job, everyone.

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Good afternoon, everyone. My name is Bill Bergman, and I will be chairing this afternoon's meeting.

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With me is our Vice Chair, Ismael Shahid.

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Present, Mr. Chairman.

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Also here is LeBaron Leonard Palmer from the Division of Development Services, who will be serving as our alternate board member.

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Present, Mr. Chairman.

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And also Thomas Holloman is here, our board member.

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So everyone knows, today is Mr. Holloman's last day on the zoning board.

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he's been on the board for eight years and if you think about what this board has accomplished in

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the last eight years is just unbelievable I mean there's literally parts of the city has been

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really just remade so Tom we want to thank you for your service thank you for your advice thank

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