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Hearing video

ZBA Hearing - October 14, 2026

Philadelphia Zoning Board of Adjustment (ZBA)Oct 14, 20266h 39m

this hearing yes i did and do you waive the reading of your refusals and stipulate to their accuracy

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yes i do okay thank you can share your screen and proceed with the case wonderful this request

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before the board today concerns 2153 north 8th street and represents a truly de minimis request

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so i will try and be brief given the hour you have an exhibit packet in front of you that contains 14

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exhibits to summarize the basis for today's request this application requests a variance

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for the addition of a third residential unit which would be permitted if the lot was a mere

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15 SQUARE FEET LARGER THAN IT IS AS CHAIRMAN MENTIONED THIS DID RECEIVE SUPPORT FROM APM

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LET ME FIRST ORIENT YOU TO THE LOCATION OF THE PROPERTY AND IN THIS CASE THE DEED AND TAX

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CLEARANCE ARE INCLUDED AT EXHIBITS TWO AND THREE SO YOU CAN SEE HERE THAT THE PROPERTY IS

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ON NORTH A STREET AND SITS ROUGHLY MID BLOCK BETWEEN WEST SUSQUAHANA AVENUE AND DIAMOND STREET

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From the aerials, you can see that this block is made up of predominantly three-story structures, some new, some slightly older.

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This property happens to be one of the last remaining vacant properties on this particular block face.

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You can see that this block face is fairly built out, and this is one of the only few remaining vacant lots.

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from the east here uh you can see the parcel indicated with the arrow

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and then if we look at the zoning map you can see that this block and basically everything

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surrounding it are zoned rm1 with the corners cmx2 so this is a fairly dense multi-family area

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just to give you a little bit better sense of this particular block i've included photographs

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at exhibit 14 and here you can see the vacant lot that my client purchased just this past spring so

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he is a new owner of the property now looking at city maps it does appear that this lot has sat

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vacant since at least the 1960s across the street you can see some of the newer construction that

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bookends uh this swath of mostly city owned land and then the next photograph here is looking

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towards west susquehanna avenue and then flipping in the opposite direction towards diamond street

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and then just a couple of extra views again this is a fairly uniform three-story

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block and we did include uh the evidence of our timely posting

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the proposal for 2153 north a street is shown on the zoning plans at exhibit 5 and includes one new

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three-story structure the building will contain three dwelling units as you can see on the

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elevation the structure is elevated so that the lower level is roughly six and a half feet above

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And you can see here on the zoning plan, you can see the rear yard here is about 12 feet, so larger than the code would allow. You can get a little bit better sense here of the proposal from the floor plans that are at Exhibit 6.

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so as i mentioned this is three units unit a comprises the first floor and lower level and

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it's just over 1700 square feet and you can see the layout that is proposed on the plans unit b

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is on the second floor and is 888 square feet with a private deck off the rear and then unit

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three is on the third floor and measures also 888 square feet and there is a roof deck for

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that third floor unit as well each unit has its own washer and dryer and trash will be

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Each unit has its own washer and dryer, and trash will be stored interior to each unit in a ventilated trash storage closet that is also shown on the plans.

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You can see in each unit where that's indicated.

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Nathan and his maintenance staff are responsible for all his property's trash maintenance, which includes putting out the trash and cleaning up after collection.

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just by way of example this might not be exactly what it's going to look like but

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we did include a photograph of another recent development that my client constructed

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just to give you a sense of the general aesthetic for what he would envision for this particularly

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for this particular lot possibly with a darker brick brick to match the new construction

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immediately to the left so regarding the refusal as i mentioned this was refused for the proposed

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density as two units would be permitted on the lot where three are proposed as i mentioned earlier

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this block is nearly exclusively multi-family unfortunately the lot is 1065 square feet which

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is a measly 15 square feet deficient to allow this third unit by right so 1080 square feet

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would be required for that third unit this is not a unique request as the board has heard and granted

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several similar requests on nearby blocks to this property including by way of example 2104

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north franklin street and 2146 north franklin street along with at least five others that i

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have listed in my memorandum of law that i submitted to the board the density here is

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entirely in character with the nature of this specific block as well, which is a mix of two,

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three, and four family dwellings, including on the higher end of the densities 2104, 2119,

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and 2164 North 8th Street. While the applicant does submit that a hardship exists and has been

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established by the evidence, given the unique character of the lot and the dense multifamily

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character of the area, the applicant does also submit that the board here is not required to

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find a hardship since this request is de minimis. Essentially, the lot would only need to be 1.39%

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larger to permit this unit by right. That is unquestionably de minimis. Even beyond that

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nature, given the longstanding nearly 60-year vacancy of the lot, despite the multifamily zoning

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classification a clear hardship exists preventing the erection of just a two-unit proposal

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uh we we submit as always that the proposal is the least minimum will not increase congestion

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or harm neighbors properties and as always a full analysis is provided in the memo of law

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and i'm happy to touch on any point in more detail sure could you please state your name

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and spell for the stenographer yes nathan cohen n-a-t-h-a-n last name cohen sorry i can't hear

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one more we'll do it one more time he just put the mic on mike yeah uh nathan cohen that's n-a-t-h-a-n

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c-o-h-e-n do you swear or affirm to tell the truth the whole truth nothing but the truth

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yes i affirm earth could i ask them a question real quick is this going to be temple housing

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No.

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Okay, go ahead.

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Nathan, have you heard all the testimony and evidence that was offered in front of the board today?

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Yes.

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And do you agree that testimony was true and accurate, and would you adopt it as if you had given it yourself?

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Yes.

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And just a quick question, just to confirm, one of the issues that we had heard from some members at the RCO was that this lot, historically, prior to your ownership, has actually created some dumping and rodent issues.

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Is that correct?

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Yes.

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and building a new structure on this lot will most certainly directly go to address that concern is

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that accurate that's all i have for questions from the board um trash uh storage uh for each unit or

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disposal plan yeah we have the ventilated trash rooms in our design that's currently uh in the

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floor plans uh everyone also has their own private outdoor space as well so that's just another

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all the questions and you're not going through the bedroom to go to the backyard hooray hooray

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thank you i'm always looking for that one board member john thank you thank you

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doesn't that doesn't that feel better you don't have to have people walk through your bedroom

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doesn't it thanks especially when they're carrying the trash out right exactly or the lawnmower or

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and you know the cat and the dog all right questions or comments from our attorney

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no questions at this time mr chairman questions or comments in the virtual audience no hands

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no questions at this time mr chairman questions or comments in the virtual audience no hands

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planning commission thank you chairman and good afternoon david fecto with the city planning

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commission chairman and board members the comprehensive plan recommends no change to the

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rm1 residential multi-family zoning at this location this neighborhood still carries its

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original 1933 zoning the appellant requests a dimensional variance for lot size that is within

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two percent of what rm1 requires as variance is minor and in keeping with the purpose and spirit

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of the zoning code the city planning commission recommends the board grant the proposed variance

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for a third dwelling unit mi 2026 002 595 2153 north a street i vote yes michael johns my vote

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is yes cheryl gaston my vote is yes tenetta graham my vote is yes hi i win my vote is yes

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Layla Beebe, my vote is yes.

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Thank you.

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Thank you.

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Oh, 10 minutes to spare.

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We got it in.

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We got it in.

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Look at that.

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Is there anyone in the audience whose their 930 case has not been called?

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There are no hands, Chair.

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Okay.

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See everybody at 2 o'clock.

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Thank you.

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And I'm glad we got it in.

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Me too.

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You were coming back.

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I kept texting.

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Let me know how many people when you get a chance.

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Good afternoon, Chair. We have 45 people in the virtual chat.

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Good afternoon, everyone. 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 Vice Chair, Tanetta Graham.

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Present, Mr. Chairman.

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Our Board Secretary, Cheryl L. Gaston.

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Present, Mr. Chairman.

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Board members, Michael Johns.

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Present, Mr. Chairman.

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Ty Owen.

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If she's not here, she'll be here any minute.

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Laila Beebe. Present, Mr. Chairman. Also here is our board attorney, Lynn Reuter-Huber,

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our executive director, Ian Haggerty. This hearing is being recorded and will be posted on the ZBA

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website. By participating, you consent to be recorded. This is an in-person meeting with

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remote participation, whether in person or on Zoom. If you're called to speak, please state

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and spell your name then wait to be sworn in after that each time you testify please state

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your name to enter an appearance to enter your appearance indicate the address on your zoom

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webinar speak with a staff member call the ZVA office by close of business tomorrow please call

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215-686-2429 and provide your name email and the address of the property

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remote participation raise your virtual hand when directed to so we can call you to speak

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when we do call you make sure you click to join as a a panelist button use your q a to

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For procedural issues only, do not talk about individual cases.

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If you are joining by phone, press star 9 to raise your hand and star 6 to unmute.

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In-person participation.

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If testifying, get close to the mic so that the court reporter and all attendees can hear you.

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So talking, eating, or drinking during the hearing.

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Aggressive behavior will not be tolerated.

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In an emergency, follow the staff's instructions.

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The main exit is the double doors at the rear, and to the left is the stairwell.

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In an evacuation, please go to Love Park and remain there, which is right across Art Street.

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Remain there so that we can account for you.

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Let's look at our list for this afternoon.

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Number one, MI 2026-003-684-4094 Olive Street, Raybon Velox and Retreat Valu are the listed owner applicants.

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This is the first listing.

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good afternoon chair this is dana dabney and i will be your co-host today

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see any hands

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this is mr value will be promoted to panelists okay hello

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

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

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yes sir we don't have any of your documents so here's the thing i was away for for the past three

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So here's the thing. I was away for the past three months, and I'm attending this hearing to ask if you can push it further.

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months and I'll

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Thank you. So here's what we're going to do. We're going to continue the case until 1-20-27.

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It'll be at 2 p.m., the listing of the case. Okay?

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Okay.

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All right. Thank you very much.

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Thank you.

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Number two, MI 2024-006-090-2038 Haines Street.

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That case is continued until 1-20-27 at 2 p.m.

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And number three, MI 2027-007-533-7000 Castro Avenue.

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Henry Clinton is the attorney.

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I believe Mr. Clinton would like a continuous. Mr. Clinton.

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Mr. Clinton has been promoted to panelists.

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Good afternoon, Mr. Chairman and members of the board.

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Mr. Clinton, how are you, sir? Could you please state and spell your name for this talk?

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Sure. Henry Clinton, H-E-N-R-Y Clinton, C-L-I-N-T-O-N.

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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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I do.

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Mr. Clinton, could you give us an update on this case?

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Sure. We're having some issues with the landscaping plan.

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There's a parking lot surrounding the building, and I actually have to go and meet with planning commission.

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And so I realize this is the third request, but we're asking for kindness from the board.

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Thank you very much.

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So this case will be continued until 1-20-27 at 2 p.m.

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And Mark must be heard.

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Thank you.

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I appreciate your consideration.

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All right.

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number six mi 20 mi 2026 003 735 230 230 levering street this case is continued and 12 12 16 26 at 2 p.m

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number seven mi2026 003 758 230 levering street this case is continued until 12 16 26 at 2 p.m

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And number 8, MI 2026, 003-794-230 Leverington Street.

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This case is continuing until 12, 16, 26 at 2 p.m.

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Are there any other requests for continuances?

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I see no hands, Chair.

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Okay, thank you.

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we're going to go to our add-ons

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this is where we're going to do the we have a spanish interpreter right

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I mean do we have a spanish interpreter on yes Jerry they've been promoted to panelists okay hold

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Hello, my name is Ana Artola and I am the Spanish interpreter.

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Hi, could you please state your name again and spell for the stenographer?

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Yes, of course.

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My name is Ana Artola.

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You swear or affirm that you will interpret accurately, completely, and impartially from

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English to Spanish, from Spanish to English?

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I do.

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we want to go with the old one the older one first yeah we'll do yeah number five yes the revo

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this is number five that was on this this morning's list mi 20 25 000 622

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to 6441 north 20th street i vote yes with the following proviso per amended refusal dated

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september 15th 2025 also two family household living on second and third floor of existing

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structure is approved the proposed commercial uses on the first floor are denied

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hold on one second i'm i'm sorry i forgot if you said this is a re-vote

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okay yeah i couldn't remember if you had this in this morning's meeting this is a re-vote yes

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