civus
Hearing video

ZBA Hearing - September 17, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Sep 17, 20256h 43m

Questions or comments from the virtual audience?

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All right.

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I see no hands, Chair.

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All right.

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Planning Commission already stated.

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So MI-2025-001-587-5035 Spruce Street, I vote yes.

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Michael Derns.

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Michael.

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Okay.

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Cheryl Gaston, my vote is yes.

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Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes.

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Thank you, counsel.

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Thank you.

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I do have another matter.

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I'm not sure if...

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So I have to wait. This is still the morning group, right? So I'm going to come back to you.

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You have two issues, I think. Well, it's one, it's two properties. Yes. And I'll get to you

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probably in about a half hour, if that's okay. Okay. All right. Thank you. Sure. So MI24,

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next case 17, MI2025, 001-674-254, South 11th Street. Joseph Consul is the attorney.

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Mr. Consul is coming back

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and he's a panelist now, Chair.

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Okay.

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There's also a recommendation

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of unanimous non-opposition

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from Washington Square

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and a letter of...

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We believe it's a mistake.

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But Washington Square

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has a letter of non-opposition,

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unanimous.

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Yeah, there's a second letter

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yeah there's a second letter for this property but that case is not being heard for a couple

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from this property,

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but that case is not...

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months so just focus on the unanimous support please i got it right so so mr counsel first

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of all we're sorry we we made you wait so long um could you please state your name and spell

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for the stenographer yeah it's joseph console j-o-s-e-p-h-c-o-n-s-o-l-e you swear or affirm

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to tell the truth, the whole truth, and nothing but the truth? Yes.

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Tanetta Graham has a few questions for you.

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Good afternoon. Did you submit your documents five days in advance

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of this hearing? Yes. And I think this is

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a referral, so do you stipulate to the reading of the referral and its accuracy?

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Yes. Thank you. You make sure your screen and proceed.

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All right. My screen should be up with my referral.

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is it up yes it is joe okay i'm here today on behalf of my client which is the llc roxburn

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254 llc its representative mr neil mcgraw is on this call to adopt my testimony we are here

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to legalize a long-standing chiropractic office use in the property it's zoned cmx1 and uh because

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of that, approval for this chiropractic office requires a special exception.

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Here's the photos. You all are probably familiar with this stretch of 11th Street. It's got middle

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child on it. All the properties with maybe one or two exceptions are set up the same with some

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kind of a commercial type use on the first floor and units above were here just for the chiropractic

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office that exists on the first floor and has not properly been legalizing. It's been successfully

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operating. I'll go show you some interior photos for more than 10 years. The historical zoning

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records, which show a consistent pattern of professional and commercial use for over 60

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years in this property. I won't go through everything. It was a real estate office in the

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60s. It was some sort of a wireless communications office in the 80s, and as far back as my client

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knows, it's been a chiropractic office. My client recently became aware that this long-standing

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use lacked the proper approval and is now taking the corrective steps to bring it into full

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compliance. Not a new use. It's to formalize the existing use. We met with the Washington Square

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West folks. They voted 10 to 1 in non-opposition. That's their letter. We believe that this is a

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textbook case for a special exception. The use is permitted by the code. It's the legalization

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of a longstanding and harmless existing use and has full non-opposition, which I'm told is

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the best we can hope to hear of the community. And we believe we've met our burden and request

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that the special exception be granted.

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And with that, I'll call Mr. McGraw

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to adopt my testimony.

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Neil McGraw is coming back in as a panelist now.

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Thank you.

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are you new

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mr mcgraw

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yes i'm joining hi how are you sir could you please state your name

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and spell for the stenographer yes neil mcraw n-e-a-l-m-c-g-r-a-w you swear or affirm to

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tell the truth the whole truth nothing but the truth i do please proceed counsel good afternoon

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neil did you hear my testimony just now regarding the first floor of your property at 254 south 11

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street i did joe do you adopt it as your own i do all right nothing further questions from the board

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questions questions or comments from our attorney hillary emerson

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um just briefly mr console i believe there were some um interior photos that we didn't receive

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um in your original packet so if you could just please upload those by close of business

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tomorrow that would be greatly appreciated oh sure yeah no problem thank you

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um questions or comments from the virtual audience

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i see no hands share planning commission amy boyd with the planning commission the

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comprehensive plan recommends no change to the existing cmx1 commercial mix

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use zoning at this location the appellant has demonstrated that the opposed use would not cause

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use zoning at this location the appellant has demonstrated that the opposed use would not

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cause detrimental impacts beyond what would reasonably be expected therefore the city

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planning commission recommends that the board grant the requested special exception for group

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medical dental and health practitioner office thank you mi 2025 001 674 254 south 11th street

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I vote yes. Michael Johns, my vote is yes.

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Cheryl Gaston, my vote is yes. Tanetta Graham, my vote is yes.

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Ryan McAdams, my vote is yes. Diane Wynn, my vote is yes. Thank you, Joe.

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Thank you, Board. All right. Is there anyone in the

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audience who had a 930 case that they had not

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heard their name called? I see

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no hands share. Good. Thank you. Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this meeting of the Zoning Board of Adjustment.

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With me is our board member, Cheryl L. Gaston.

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Present Mr. Chairman.

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Our board member, Tanetta Graham.

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Present Mr. Chairman.

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Board member, Michael Johns.

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Present Mr. Chairman.

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Our board member, Taya Nguyen, who just stepped out for one minute.

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In fact, here she comes right now.

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Our board member, Ryan.

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Present Mr. Chairman.

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Our board member, Ryan McAdams.

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Present Mr. Chairman.

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Also, here is Hillary Emerson, our attorney, our zoning board director, Ian Haggerty, and our board administrator, Lakeisha Dandy.

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Recording in this hearing will be posted on the ZBA website.

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By participating, you consent to be recorded.

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This is an in-person meeting with remote capabilities.

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Whether remote or in person, if you're called to speak, you must state and spell your name, then wait to be sworn in.

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Once you've been sworn in, please state your name each time before beginning your testimony.

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Any person may enter their appearance to become an interested party to a case.

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There are three ways.

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You can identify the case property address on your Zoom webinar.

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You can see a staff member, or you can call the ZBA appearance line by the close of business tomorrow.

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Call 267-270-5548.

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Leave a message that includes your email address and the address of the property of the appeal case.

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Following guidance is for our remote attendees.

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When directed, you must raise your virtual hand in order to be recognized to speak.

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If you're called to testify, you'll be prompted to join as a panelist.

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Please accept the request and turn on your camera.

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Third, the webinar Q&A is for questions about the hearing.

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Do not comment on cases in the Q&A.

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Fourth, if you're participating by phone, please press star 9 to raise your hand and star 6 to unmute.

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For our in-person attendees, refrain from talking, eating, or drinking during the hearings.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevator.

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Water fountain is just outside the room to the right.

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When speaking on the record, you must speak directly into the microphone in order to be heard by all attendees and the court reporter.

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In the event of an emergency, please follow the directions given over the public address system or by the staff.

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The main exit is through the double doors at the rear.

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The nearest stairwell is to the left outside the doors.

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In case of an evacuation, the rally point is Love Park directly across Dark Street.

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Please remain there so we can account for you.

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Let's look at our schedule for this afternoon.

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Hold on.

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Number three, MI 2024-006-030-2100 Benton Street, that case is continued, attorney-moving party.

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Number 12, by the way, is there any other requests for continuances?

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Good afternoon, Chair. This is Yvette Benton. I'll be your co-host for this afternoon.

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I see no hands at this time.

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Thank you.

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So number 12, MI2025-002-666-9313 Busselton Avenue.

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We have no exhibits.

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This is the first listing.

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Rachel Pritzker is listed as the attorney.

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Azuri, Inc. is the listed owner.

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I see no hands, Chair.

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Okay, so that's the first listing.

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We will continue that to 2-4-26 at 2 p.m.

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And then I have number two.

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Number two, MI-2022-007-295-5737 Elmwood Avenue.

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Number two.

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That case has been withdrawn.

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And number five, MI-2024-007-285-610 Christian Street.

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That case has been withdrawn.

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We're going to go to our add-on list.

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Number one, MI 2023-007-281-8014 Caster Avenue.

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I vote yes.

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Proviso per amended refusal dated 8-23-25.

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Michael Johns, my vote is yes with proviso.

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Cheryl Gaston, my vote is yes with Proviso.

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Tenetta Graham, my vote is yes with Proviso.

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Ty Owen, my vote is yes with Proviso.

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Number two, MI 2024-002-432-739 Tyson Avenue.

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The vote in this matter will be rescheduled upon receipt of supplemental documents requested by the board at the hearing.

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Number three, MI 2025, 002, 343, 1233 to 37 North Front Street.

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I vote yes with proviso.

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Revised plans, two pages, stamped by ZBA, September 17th, 2025.

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Michael Johns, 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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Brian McAdams, my vote is yes, with proviso.

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Tywin, my vote is yes, with proviso.

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Number four, MI 2025-002-347-2117 East York Street, I vote yes.

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Michael Johnson, 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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Brian McAdams, my vote is yes.

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Tywin, my vote is yes.

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Number five. MI 2024-005-350-401 West Penn Street. I vote yes, with proviso. Maximum, two dwelling units, no basement.

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Michael Johns, 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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Ryan McAdams, my vote is yes, with proviso.

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Tywin, my vote is yes, with proviso.

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And number six, MI-2025-000470, 3110 Aramingo Avenue.

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This is a request for reconsideration.

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I vote yes to reconsideration and rehearing.

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Michael Johns, my vote is yes to reconsideration and rehearing.

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Cheryl Gaston, my vote is yes to reconsideration and rehearing.

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Tanetta Graham, my vote is yes to reconsideration and rehearing.

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Okay. We're going to move to our regular list.

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What am I doing here?

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Mr. Chair, do you want to read number one into the record because it's being continued?

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Hold on a minute. I'm looking for something here.

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Sure.

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I did later. Yeah, I did. What was that again now?

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