civus
Hearing video

ZBA Hearing - May 21, 2025

Philadelphia Zoning Board of Adjustment (ZBA)May 21, 20255h 4m

Questions from our attorney.

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Not at this time, Mr. Chair.

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Questions or comments from the virtual audience

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or this audience here?

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Chair, the only hand up is

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Hakito Teddy. I believe that's

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Mr. Jen's client.

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Should I promote?

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If you can get him on.

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Okay.

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He has been promoted.

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All right. Can't thank, sir.

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Sarah?

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Yeah, I think he's still having issues.

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Okay, we're going to move on.

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Planning Commission.

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Thank you, Chairman, and good morning.

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David Fecto with the City Planning Commission.

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Chairman and Board members, the comprehensive plan recommends no change to the CMX2, commercial mixed-use zoning at this location.

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there is no unique physical condition or circumstance of this property that were

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prevented from being used in strict conformity with the zoning code we have seen similar

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properties repurposed for cmx2 compliant uses the city planning commission recommends that the

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board deny the proposed use variants for personal vehicle repair and maintenance

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mi 2024 007 593 1838 south 7th street i vote yes with proviso first floor only

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Michael Johns, my vote is yes, with proviso.

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Excuse me, Mr. Chair, did you want to include the proviso from the RCO limiting the use?

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Sure. Okay.

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Also in the proviso, auto detailing and tinting of windows only. Is that right?

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Yep.

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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's.

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Iowan, my vote is yes with Proviso's.

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Ishmael Shaheed, my vote is yes with Proviso's.

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Thank you, counsel.

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Thank you.

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If I may, I have a quick question.

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Was 1432 South 49th, I think 49th Street, was that voted on today?

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I couldn't, I tried to ask it in the Q&A and also wasn't given a response on that.

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Yes, Mr. Jin, that was voted.

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and granted per the refusal dated 5-7-25.

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Thank you.

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I appreciate that.

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I didn't hear it.

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Thank you very much.

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Have a good day.

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Ladies, what case are you here for?

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Oh, okay.

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Oh, good.

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Well, we're glad you're here.

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Thank you.

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Thank you.

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Hillary, I think that's...

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Hillary, I think that's it.

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I think we're done.

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That's it?

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Go ahead.

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

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I see no hands, Chair.

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Thanks, everyone. See everyone at 2 o'clock.

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Thanks for coming, ladies.

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Good afternoon, everyone.

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My name is Bill Bergman, and I will be chairing this afternoon's

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ZBA hearing. With me is our Vice Chair Ismail Shahid. Present, Mr. Chairman. Our Board Member

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Cheryl L. Gaston. Present, Mr. Chairman. Our Board Member Tanetta Graham. Present, Mr. Chairman.

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Our Board Member Michael Johns. Present, Mr. Chairman. And our Board Member Tywin. Present,

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Mr. Chairman. Also present is Hillary Emerson, our Attorney, Ian Haggerty, our Executive Director,

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and our Board Administrator Lakeisha Dandy. A recording of this hearing will be posted on

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

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remote capabilities. Whether remote or in-person, if you're called to speak, you must state and

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

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each time before beginning your testimony. Any person may enter the appearance to become an

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interested party. There are three ways to enter your appearance. Identify the case property

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address on your Zoom webinar. You can see a staff member, or you can call the ZBA appearance line

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by the close of business. Call 267-270-5548. Leave a message that includes your email address

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and the address of the property of the appeal. The following guideline is for our remote attendees.

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When directed by the chair, you must raise your virtual hand in order to be recognized.

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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 on your camera.

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

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Do not comment on these cases in the Q&A.

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

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For our persons in attendance, please refrain from talking, eating, or drinking during the hearing.

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Verbal and physical aggression will not be tolerated.

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Restrooms are across from the elevators.

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A water fountain is outside the room.

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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 of the room.

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The nearest stairwell is to the left outside of the doors.

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In case of an evacuation, the rally point is at Love Park, directly across Art 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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Number three, MI 2025, 000460, 762 South 6th Street.

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No exhibits.

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This is the first listing.

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The listed attorney is David Orfanides.

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bernard clark is the trustee for gsp holdings revocable agreement of a trust

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good afternoon mr chair this is jason hand i will be your calls for the session

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mr orphanetes has been promoted he'll be coming back in shortly okay

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good afternoon mr chairman members of the board good afternoon council could you please state

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your name and spell for the stenographer certainly my name is david orphanetes the last name is

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spelled O-R-P-H-A-N-I-D-E-S. Do you swear or affirm to tell the truth, the whole truth,

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and nothing but the truth? I do. Mr. Orphine, is it good to give us an update on this case?

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Certainly. We filed a timely appeal, which is why we're scheduled for today. We had started

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the process of meeting with the coordinating RCO, which is the Bella Vista Neighbors Association.

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Prior to meeting with them, my client hired, and based upon some comments in my review of the

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plans that were submitted before I was engaged. My client has engaged a new architect, and they

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are exploring some buy-write options for the addition for their family. So we're waiting to

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see whether that's feasible to avoid this whole process. And if not, we'll be then meeting with

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Bella Vista and coming back before the board for whatever the variances are in this matter.

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All right. So MI 2025 00460 762 South 6th Street. This case is continued to 81325 at 2 p.m.

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Thank you very much. Thank you. Are there any requests for continuances on any of the cases?

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I do not see any further hands raised. We're going to go to our add-on list.

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Excuse me, Mr. Chair, on number 13, we did receive a late request for a continuance from the applicant.

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Excuse me, Mr. Chair, on number 13, we did receive a late report.

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Okay.

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This is the first listing in that matter.

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And they had some questions about having it heard with another case, so if we just can continue it without putting a date on it.

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Yeah, sure.

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No date?

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No date.

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Okay.

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So MI 2025-000-696-8030-Frankford Avenue, the case has been continued.

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Thank you.

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Here's our add-on list.

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Number one, MI 2024-002-120-963 North Lawrence Street.

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The board will, on this matter, upon receipt of required proof of tax compliance.

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Number two, MI 2024-006-733, 4045-61 Main Street.

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I vote yes with proviso.

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Building height not to exceed 60 feet.

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Number three.

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Oh, I'm sorry.

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I'm sorry about that.

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Go ahead.

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Cheryl Gassner, my vote is yes with proviso.

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Ish?

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Ishmael Shaheed, my vote is yes with proviso.

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Tanata Graham, my vote is yes with proviso.

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Tywin, my vote is yes with proviso.

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Michael there?

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No, I'm not on this vote.

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Okay, good, good.

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Okay, sorry about that.

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Thank you.

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Number three, MI 2025, 000457, 1434 to 36 Federal Street, I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Ioan, my vote is no.

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Ishmael Shaheed, my vote is no.

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No. Number four. MI 2024-004-320-6560 North Bouvier Street. I vote no.

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Michael Johns, my vote is no.

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Cheryl Gaston, my vote is no.

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Tanetta Graham, my vote is no.

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Iowyn, my vote is no.

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I don't think I'm on that one, Cher.

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I think you are.

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All right. Ishmael Shaheed, my vote is no.

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Number five, MI 2024-007-516-823 Earp Street, 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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Ayawin, my vote is yes.

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Ishmael Shaheed, my vote is yes.

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Number six, MI 2024-006-331-498 Midville Avenue, I vote no to reconsideration and rehearing.

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Cheryl?

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I'm not on this vote.

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Cheryl Gaston, my vote is no to reconsideration and rehearing.

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Tanetta Graham, my vote is no to reconsideration and rehearing.

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Tywin, my vote is no to reconsideration and rehearing.

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Ishmael Shaheed, my vote is no to reconsideration or rehearing.

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And number eight, we're going to start our list.

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MI 2025-00540, 4652 East Thompson Street.

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Alan Nocklinson is the attorney.

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Unanimous support from Bridesburg Community Action Alliance.

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Unanimous support from Bridesburg Community Action Alliance.

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good afternoon mr chair members of the board alan knockamson could you spell just spell your name

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alan a-l-a-n last name knockamson n-o-c-h-u-m-s-o-n you swear or affirm to tell the truth

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the whole truth and nothing but the truth i do could you identify your client in relationship

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to the property uh my client is uh gregory walton who's to my left he's one of the owners of the

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property for vice chair has a few questions thank you good afternoon council do you agree to waive

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the read another refusal or stipulate to its accuracy i do have you emailed in all the required

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documents and exhibits that's needed to proceed with this case five days in advance of this hearing

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yes we have thank you council please proceed and share your screen so i'm having technical

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difficulties i cannot connect to the wi-fi so i apologize if someone can maybe just bring up my

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presentation materials. Alex can't do that. Yeah. He'll try to do that.

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Oh, yeah. I just can't get access to the

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I just can't get access to the internet on my computer for some reason.

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We were working on that. I was a little slow.

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I can start my presentation. This is a rather straightforward matter. This is an RSA 5 property.

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It's approximately 2,300 square feet. It's a corner property.

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at the corner of Ash and Thompson Streets.

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It was previously a bar on the first floor

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and residential up top.

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So even though it's an RSA 5 property,

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it didn't really have any history of single family,

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at least immediate history.

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And what we're looking to do is have four units there.

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And based on what you would see in my presentation material,

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