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Hearing video

ZBA Hearing - January 10, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Jan 10, 20245h 43m

uh with the uh the uh use of the uh event space uh as i said there's many open storefronts my

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client will be living above in one of the residential units uh and the the space is

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not very large but it is large enough for small events there'll be no third party uses or promoters

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uh there will be my client does have experience uh running event space uh she has previously run

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space in new york city she will be testifying this morning uh again that's small space strictly

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for birthday parties funeral lunches baby showers there'll be no events after 11 p.m there'll be

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commercial trash pickup uh and security lighting and cameras installed at the front and the rear

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of the property. There is a rear yard for storage of trash. There will be no, these events will have

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no cover charge, no promoter events. As I said, it'll be managed by the owner because she'll be

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an owner occupant. And at night, this is a very dark and empty block of Ridge Avenue. I think

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block of Ridge Avenue. I think some of that has to do with the many vacant storefronts and,

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some of that has to do with the many.

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of course, the many vacant lots. The proposed use, as you'll see in testimony and through the

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evidence that I submit today, will not impact the immediate area any more than a similarly

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situated use would be expected to impact. And with that, I'm going to ask my client,

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Nia Logan to raise her

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virtual hand.

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Nia Logan

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is allowed to speak.

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Good morning. Could you please state your name

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and spell for the court stenographer?

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Sure. My name is Nia Logan

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and as in Nancy, I A

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Logan, L-O-G-A-N.

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Do you swear or affirm to tell

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the truth, the whole truth, and nothing but the truth?

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I do.

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Receive counsel. Thank you, Mr.

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Chair. Ms. Logan, did you hear my presentation to the board this morning?

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Yes. Is it true and accurate to the best of your knowledge? It is. Do you adopt it as your own

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testimony? I do. Thank you. And I know you might have something to add, so please

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share with the board your vision for this space as an owner, as an occupant, as the manager of

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the space. Of course. Thank you, Vernon. Thank you, everyone, for hearing the case today.

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So I do want to, you know, give everyone an understanding.

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I do have about a year of experience running an event space similar to what I plan to do with this one.

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There's been no issues without my previous one.

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And it was also a small, intimate event space.

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So I kind of understand the type of usages that it could be.

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I intend to have different types of events, various events, and it can be open to open mics, pop-up shots for local entrepreneurs, small dinners, photography events, content creation events, meetings, game nights, and that's the normal usage of that type of event space.

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I also wanted to, once this was through, kind of hopefully registered to be like an official vendor of the Board of Education so that, you know, I can also have, you know, the neighboring schools and stuff have events there.

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I know I spoke to something like that. So I do want it to be a space that is varied and has varied usage and has, you know, opportunities for the community to use it for a good purpose.

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Um, uh, what else I will be using, um, vetting most of the, um, events through a website called

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peer space, uh, which is like an Airbnb for, um, event spaces where you, uh, a guest has to,

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you know, describe the type of event has to post a picture. There are, you know, certain filters

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that come, certain insurances that come with using that, um, website. And it allows me to

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have a greater control over the guests and the usage and, you know, understand what kinds of

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events, you know, people intend to have so that I can deny or accept accordingly. As Vern said,

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I do have ADT security around the space. So I have flood lighting in the front and a camera

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in the front, as well as the camera in the back, a camera within the space, as well as

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sensor, like door and window sensors. So anytime someone opens the door, anytime there's motion

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detected, I will be notified. Thank you. And also one caveat I think you had mentioned earlier,

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you would make the space available to the local RCOs and the community associations for meetings

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as well as part of those events, right?

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Yes, I definitely hope to.

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Thank you.

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I have nothing further, Mr. Chair,

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having met all the elements of a special exception here.

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Counsel, could you comment on the Strawberry Mansion CDC meeting?

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We met with them.

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We have proof of mailing that we've already submitted.

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It seemed to be, folks seemed to be interested in it,

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but we did not get any indication as an official position.

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all right all right questions from the board no mr chairman no chair questions or comments

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from virtual uh our attorney hillary emerson not at this time mr chair questions or comments from

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the virtual audience yes chair i have reverend tyrone williams and i will allow him to speak

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good morning reverend good morning uh sorry

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good morning reverend good morning uh sorry for uh no no no no no why don't you why don't you

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state your name for me first sure tyrone williams tyrone c-y-r-o-n-e williams w-i-l-l-i-a-m

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right do you swear for him to tell the truth the whole truth nothing but the truth

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yes i do please proceed sir first i want to start off with some apologies first off for

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getting the letter to y'all late.

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I did submit it.

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But I just want to give you a synopsis

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of what happened in the meeting.

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Yes, there was a presentation

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by Mr. Stagio and his client

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on this property.

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And after that presentation,

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the client got a history lesson

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of the violence

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and has transpired

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along that block,

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along that corridor.

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Just prior to their meeting,

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there was a murder

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right across the street from the very same property.

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Now, I just want to bring attention to this board,

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our plight here in Strawberry Mansion.

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Not only that, there's another venue in the same block

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that is like a nightclub setting in the same area.

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That's a concern of ours.

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There's a nuisance area a block away at 30th from Ridge.

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That's a concern of ours.

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Um, and, um, we know that the community is changing over, but it has not changed as of yet. We still have high balance along that one quarter.

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We have given also the applicants some suggestions of what can be done with that location.

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And the vote was an overwhelmingly no because of what I aforementioned, the violence in the area.

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So at this time, our position is in opposition of it being used as is, as a venue space, because we have had recent trouble, and it was already testified that it's been that type of venue for years, and there's been a lot of balance because of that, too.

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And those of us that live here, we are aware of that. So the position of the CDC is in opposition. As if they came back with another use, as we have suggested, we will consider that, but we cannot consider this project as is.

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Thank you.

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Mr. Chair?

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I know. Do you want to respond?

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Just briefly, first, no, just to respond, I understand and respect Reverend Williams testimony, and I and my client, I'm sure, sympathizes with the past issues that may have befallen the Strawberry Mansion community.

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However, none of it has anything to do with this property.

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None of it has anything to do with the proposal.

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And based on the special exception analysis, unless there is specific evidence detailed in either a letter or in testimony,

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that this specifically proposed use by my client would have any kind of negative impact that otherwise would not happen in a similarly situated use.

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Unless that evidence is clear and presented, it just presented, then the special exception would apply here.

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And again, 33rd and 30th and Ridge and nightclubs down the block are completely different uses than what we're trying to do here.

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Therefore, they would not be germane or relevant to what we're proposing.

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Can I reply to that?

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Sure.

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Okay. And I do agree that what I've testified may not have anything to do with the special exception.

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But as a RCO, as a community resident, as a resident who lives in Strawberry Mansion, we're just asking the board to consider the fact that we are already in transition in our community.

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We have a lot happening in Strawberry Mansion.

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We can't consider these type of exceptions, perhaps in the near future.

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But right now, we're trying to get a hold of protecting our community.

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Like I said, the venue is so close to another venue.

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It may not have nothing to do with it because of the rules of the exception.

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It may not have nothing to do with it because of the rules of the exception, but we will face the fallout or whatever may happen if this is granted.

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But we.

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We're asking to have enough time.

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And if this evidence is needed to be presented, which just came to me, I can get that evidence from the 22nd Police District life today.

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That's how relevant my testimony is.

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And it's about safety. So I just want to put that out there.

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All right. Thank you. Mr. Chair, any evidence that the opponent would propose would still be unrelated to this specific use of the opponents?

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Don't you know, with respect, they don't meet their burden. We have.

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Thank you. Mr. Chairman, I just heard about this evidence being needed. I'm just asking for.

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Okay. I understand. I understand.

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Listen, is there anyone else in the virtual audience who has a comment?

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Yes. Strawberry Mansion Community has a hand up, and I will allow to speak.

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Good morning.

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Hello. Can you hear me?

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Good morning. Good morning.

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Could you state your name for the record, please, and spell for the court sonographer?

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My name is Bonita Cummings, and that's B-O-N-I-T-A-C-U-M-M-I-N-G-S.

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Right.

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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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Proceed, please, Ms. Cummings.

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Okay.

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I just wanted to indicate that I am an affected ROCO for this location, 2926 Ridge Avenue.

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And the community met on December 14, 2023, and a good amount of nearest neighbors are opposed to an entertainment event venue in the location of 2926 Ridge Avenue, as it is situated on a highway with no loading zone ability.

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In front of that location, there is regular and heavy bus traffic along Ridge Avenue, severe speeding, and this creates very hazardous conditions based on it being situated in the middle of the block.

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This is very dangerous for attendees of events, and it clogs up a major artery for traveling from one area to another along Ridge Avenue.

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It is not fair to place pedestrians or people on a bus with constant delays due to parked cars or stopped cars in the highway while trying to take balloons, food, alcohol, and other items into this location.

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Further, the owner talked about pop-up shops and three other uses or more.

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We don't have a clear understanding of what the uses are and therefore creating further congestion along the Ridge Avenue area.

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bus route and particularly in front of that location further these venues never come to

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strawberry mansion community with a design that attracts other business owner interests

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they have solid metal gating and this promotes ghettos and the look of a ghetto no thought is

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put into the impact that failing to have fully planned to be a quality business the community

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suffers. We deserve better. So we're just asking that this board would honor the

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meetings opposition based on the danger and the delays that we would start to incur based on the

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various types of ways in which this property is proposed to even be used. Thank you.

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Okay. Mr. Chair, I just want a couple of rebots on that, if you don't mind.

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Is that okay, sir? Yeah, sure. Thank you. First, we did in fact, my client has already said that when the use is in operation, the gating would be consistent with what the code requires. That's what you're seeing there is existing gating. It's not new. But if it's used as commercial space, we would, of course, be compliant with the building code with respect to gating.

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And again, this is not an entertainment venue. This is a small event space, the use of which is already considered compatible with the code.

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This is small private parties, the pop-up events. It's all consistent with the small events.

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And it's on a block, by the way, that is 40 percent vacant of either vacant lots and then another 10 percent of vacant storefronts.

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So to suggest that there's any sort of congestion or.

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So to suggest that there's any sort of congestion or activity is just not accurate.

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In fact, we believe by having some space that is lit up with activity, the crime issues that the immediate area is experiencing would actually come down because you'd have some eyes on the street and some folks with some street activity.

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and that's consistent with you know with other commercial corridors that have gone through some

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changes my client has the experience and the business plan that we've presented today we've

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and i believe we've met our burden for a special exception is there anyone else in the virtual

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audience uh there are no more hands here okay planning commission thank you chair bergman and

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Good morning, David Vecto with the City Planning Commission.

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Chairman and board members, the comprehensive plan recommends no change to the commercial mixed-use zoning at this location.

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The appellant has shown that the proposed assembly and entertainment will have no detrimental impacts to the neighborhood beyond what might be expected.

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The City Planning Commission recommends the board grant a proposed special exception for assembly and entertainment.

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Thank you.

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MI 2023-003-447-2926 Rich Avenue.

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No, I'm no, I know.

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Thomas Holloman, my vote is no.

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James Snell, my vote is no.

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Ishmael Shaheed, my vote is no.

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Thank you, counsel.

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Thank you.

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Number three, MI 2023-004-274-5800 Catherine Street.

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David Chandler is the attorney.

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There's a letter of non-opposition from Cobbs Creek Neighbors.

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Council Member Gauthier has taken a position of support.

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Mr. Chandler is coming back in as a panelist.

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Good morning, Mr. Chandler.

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Good morning, Mr. Chairman.

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

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Sure. David Chandler, C-H-A-N-D-L-E-R, along with co-counsel Helen Beck, B-A-I-K. And we represent the applicant who is here. And his name is Stanislav Tejeda. His first name is E-S-T-A-N-I-S-L-A-O. And his last name is Tejeda, T-E-J-A-D-A. Mr. Chairman, as a matter of fact-

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Hold on, hold on, hold on, hold on one minute.

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You swear or affirm to tell the truth,

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to hold truth and nothing but the truth?

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Yes, I do.

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And you'll be doing the presentation, sir?

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Yes, I will.

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Okay.

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Our vice chair has just a few questions for you.

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Sure.

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Good morning, counsel.

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Do you agree to waive the reading of the refusal

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and stipulate to its accuracy?

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Yes.

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