civus
Hearing video

ZBA Hearing - April 2, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Apr 2, 20257h 53m

of a five-year expiration. That five-year has since

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expired, but the property has continued to be used by

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Why Not Prosper for that use. Why Not Prosper is

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a 501c3, originally founded in 2001

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to support formerly incarcerated women. Since

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2006, when it started owning

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the property, when it acquired the property, based upon the

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deed here, which we'll scroll down to.

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since it's owned, the property has been using the property to assist women that were recently incarcerated.

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In the virtual audience today is Reverend Michelle Simmons, who is the founder and CEO of Why Not Prosper.

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We're really not asking to do anything to the exterior or interior of the building

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it to continue the use of the building for the for the transition transitional care and

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transitional living of of our recent incarcerated women i'm showing you some exterior shots of the

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building and some interior shots of the building and where properties located in the cmx2 zoning

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And we're properties located in the CMX 2 zoning district, which does not permit for the transitional use that that we're discussing here.

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So, again, we're just merely asking to continue the historic use of the building for the charitable purpose.

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Want to bring your client on? Yes. Reverend Simmons, do you want to come on?

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Okay, excuse me, they have been promoted to panelists to be rejoined shortly.

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hello

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hi could you please state your name

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and spell for the stenographer

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yes my name is

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Michelle M-I-C-H-E-L-L-E

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last name

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Simmons

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S-I-M-M-O-N-S

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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

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that is correct I do

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please proceed counsel

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Reverend Simmons

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good afternoon

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And did everything I say in the introductory and presentation, is that true and correct?

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Yes, you did good.

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I'll just add one little thing to it.

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Yes, we're just asking for the same use.

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We've been in this location for 20 years.

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Matter of fact, yeah, 23 years.

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And every five years when I first came to zoning, when we first went in 06, they said it was provisional, like to see what we was doing.

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because of the population and make sure we've been you know okay and then we continue to have

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to come back every five years so this is like our standard come back in five years however

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COVID hit us this year and I didn't do the reapply thing um and so they made us start over

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from scratch but we've been a beacon in this community for 23 years and we have support

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of the community and support of the councilwoman um and and our hayward our state rep um so i think

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everything is absolutely the same um so i there's nothing else i could add about the use it's the

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same thing we've been doing since we move in here and we do have two other matters um i wish they

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could all be brought up today we have uh 56 16 and 56 24 um which is all why not prosper all the

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same purposes i think it's on the docket for 330 um so yes there's no changes there's no construction

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um and i just want to request that we don't got to keep coming back every five years i don't know

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if i get to request that um and then also that we could bind them all on the same um

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docket which may be too late to do that right um council you have anything further no i mean

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you know as as uh reverend sims pointed out uh uh we'll be back before you at 3 30 this afternoon

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for another property yeah questions from the board can we see any interior pictures of where the

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the residents would actually be residing?

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Oh, I don't think we have.

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That's the kitchen.

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Yeah.

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So it's a shared kitchen?

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Uh-huh.

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For 717.

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What's happening on each floor of the building?

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Okay, so the first floor was the community floor.

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You see, with the balloons,

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where now this is the second floor,

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which is a kitchen.

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That's community.

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This is kitchen.

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Keep going.

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and upstairs is just uh two bedrooms and how many people are gonna how many beds are in each

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bedroom uh when we first went they gave us a total of seven but um we are also licensed by the state

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so there's no bunk beds allowed so we just have five that's the only amount of people we could

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hold in this space it's two bedrooms and the uh perter square footage two go in one and three go

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in the other okay and then so it's shared shared bedrooms and bathroom facilities yes it's uh two

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bathrooms uh uh it's two full bathrooms and two bedrooms correct ma'am okay and then in terms of

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just like living space are they able to occupy the first floor when it's not in community use

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yeah it's their space uh anyway but we just call it the community room

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and then are there staff on site 24 7 yes ma'am

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and then are there staff on site 24 7 yes ma'am i have a quick question uh so in the time that

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you had the uh the last uh variants has there been any incidences um um from the community

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perspective any complaints at the community no we haven't had any instances um the only one thing

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we did have a young lady had a seizure that was medical but the community love us we give our food

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twice a week um from shop right give us meats and breads and so the community absolutely love us it

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was 30 community members at this rco meeting so we haven't had no instances with the letters you

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know why not prospect uh heaps of type ship bar as point systems and violations or rules and things

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of that nature so like i said we've been here 23 years and we've graduated uh thousands of

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women's from this house.

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Other questions

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from the board?

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Questions or comments from our

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attorney? No, Chair.

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Questions or comments from the

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virtual audience?

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Yes, Chair.

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I have a hand up from Charles Richardson.

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I have allowed them to speak.

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I'm Mr. Richardson.

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There will be

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rejoining as panelists shortly.

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Mr. Richardson

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There we are

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Mr. Chair, hi, Charles Richardson

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Office of Councilwoman Cindy Bass

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Room 508 City Hall

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Councilwoman is

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supportive of the

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granting of the variance

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Thank you

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Anyone else in the virtual audience?

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I do not see any free of our hands, Mr. Chair.

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Planning Commission.

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Ron Bednar, City Planning.

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While the property is currently indicated for commercial mixed use on the city plan,

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there are insufficient social services to meet residents' needs in this area.

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Therefore, the City Planning Commission has no objection to the granting of the request of variance.

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MI 2024-007-253-717 East Cheltenham 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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Tanetta Graham, my vote is yes.

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Hi, Owen, my vote is yes.

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Thank you, counsel.

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See you this afternoon.

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Thank you.

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Is there anyone else in the audience?

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No, Chair, do not take any further of their hands.

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All right, thank you.

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See everybody at 2 p.m., except our counsel, probably.

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I think so, yes.

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good afternoon everyone my name is bill bergman and i will be chairing this meeting of the

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philadelphia zoning with me is our board member charlotte l gaston present mr chair or board

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member tenetta graham present mr chair our board member michael johns present mr chairman our

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board member tya winn as it mr president is hillary emerson our attorney and our board

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director, Ian Haggerty. Also, here is our board administrator, Lakeisha Dandy. Recording in this

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hearing will be posted on the ZBA website. By participating, you consent to be recorded. This

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is an in-person meeting with remote capabilities. Whether remote or in person, if you're called to

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speak, you must state and spell your name and then wait to be sworn in. Once you've been sworn in,

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please state your name each time before beginning your testimony. Any person may enter an appearance

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to become an interested party to the case.

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There are three ways to enter your appearance.

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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

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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

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and the address of the property of the appeal.

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The following guidance is for remote attendees.

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First, when directed by the chair, you must raise your hand in order to be recognized to speak.

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Second, if you're called to testify, you will be prompted to join as a panelist.

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Please accept the request and turn it in 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, press star nine to raise your hand and star six to unmute.

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For our in-person attendees, please refrain from talking, eating, 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 water fountain is just outside the room to the right

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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

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in order to be heard by all attendees

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in the event of emergency please follow the directions given over the public address system

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or by the staff the main exit is through the double doors at the rear of the room the nearest

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steer well is to the left outside the doors. In case of evacuation, the rally point is Love Park

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directly across Art Street. Please remain there so we can account for you. Let's look at our schedule.

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number four mi 2024 zero zero three nine two seven fifty three forty four

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5344 ray street this case is continued it will be continued to 9 10 25 at 2 p.m number six

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MI 2024-004-374, this case will be, Vern Anastasio will come in and request a continuance.

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Vern?

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Vern Anastasio has been about to speak, Mr. Chair.

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Good afternoon, Mr. Chair.

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Fern, you've already been sworn.

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Could you give us an update, please, on 1427 Diamond?

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Yes, Mr. Chair.

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We are in the process of negotiating with the RCO.

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We're very close.

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We have one more meeting, so my apologies to ask for yet another continuance.

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But I do need to do that to button this baby up.

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Thank you.

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So 1427 Diamond Street will be continued to 9-10-25.

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Thank you.

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Right.

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And then number 10.

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MI 2024-006-066-1921 West Norris Street. This case has been continued to 9-10-25.

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Are there any other requests for continuance?

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Good afternoon, Mr. Chair. This is Jason Handel.

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be your calls for the session. I do not see any hands raised at this time for continuances.

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Thank you.

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We're going to our add-on list. MI 2024-006-883-219-25 Cecil B. Moore Avenue.

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I vote yes with provisos. Her refusal dated 3-14-25. Revised plans, two pages,

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stamped by ZBA, March 26, 2026. Maximum 15... Excuse me. I'm sorry, Mr. Chair. That should

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have been April 2nd since today's April 2nd, 2025. Oh, okay. On April 2nd, 2026. 25. 25.

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Okay. Maximum

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15 dwelling units. The new min overlay district

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applicant acknowledgement form must be reused by the planning commission

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prior to the permit and interior trash storage for both

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commercial and residential uses.

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Michael Johns, my vote is yes with provisors. Cheryl Gaston,

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my vote is yes with provisors. Tynetta Graham, my vote is yes with provisors.

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I win. My vote is yes with Proviso.

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Number two, MI 2024-007-329-1102-204-East Columbia Avenue.

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I vote yes.

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Michael Johns, my vote is yes.

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